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Digitized  by  the  Internet  Archive 

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http://www.archive.org/details/americanballotlaOOIudirich 


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New  York  State  Education  Department 

State  Library,  October  24,  1910 
Hon.  Andrew  S.  Draper 

Commissioner  of  Education 
Dear  sir  :  I  have  the  honor  to  transmit  herewith  and  to  recom- 
mend for  pubHcation  a  historical  summary  of  American  ballot 
laws  for  the  past  twenty  years,  with  a  more  minute  analytic  digest 
of  the  provisions  of  existing  laws  on  this  subject  in  every  state. 
The  monograph  presents  facts  only.  There  is  no  attempt  at  criti- 
cism, discussion  or  comparison. 

Very  respectfully 

James  I.  Wyer,  Jr 

Director 


STATE  OF   NEW    YORK 
EDUCATION    DEPARTMENT 

commissioner's  room 

This  voluminous  bulletin  covers  a  summary  of  all  American 
ballot  laws  enacted  in  the  last  twenty  years.  The  subject  is  of 
sufficient  importance  and  the  work  seems  to  have  been  sufficiently 
well  done  to  justify  such  a  State  as  New  York  in  going  to  the 
expense  of  providing  the  information  for  all  interested.  Publication 
is  approved  this  25th  day  of  October,  1910. 


Commissioner  of  Education 


tXCHANQIK 


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unfair  t   a  ar-  nf  Ju  y  J6,  i  V  4 


o.  48^  ALRANV.  '>'.  y.  February  i,  191; 


New  York  State  Library 

legislation  40 
!^i  '  AMEK  if  J^   ■   t.-'.LLOT  LAWS,  1SS8-1910 

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ALBANY 

UNIVERSiTV    OF    THE    STATE   OP    NT?W    YORK 
▼911 


Education   Dep2rtmc;nt ;  Bulletin 

Published  fortnightly  by  the  University  of  the  State  of  New  York 

entered  as  second-class  matter  June  24.  1908.  at  the  Post  Office  at  Albany,  N.  Y.,  under 

the  act  of  July  16,  1894 

No.  448  ALBANY,  N.  Y.  February  i,  191  i 


New  York  State  Library 

Legislation  40 
AMERICAN  BALLOT  LAWS,  1888-1910 

A  COMPARATIVE  TABULAR  DIGEST  OF  THE  BALLOT  LAWS  OF  THE  FORTY 
SIX  STATES  AND  OF  THE  TERRITORIES  OF  ARIZONA  AND  NEW  MEXICO.  AS 
IN  FORCE  NOVEMBER  8th,  1910  ;  AND  A  BRIEF  CHRONOLOGICAL  SURVEY  OF 
CERTAIN  FEATURES  OF  THE  BALLOT  LAWS  ENACTED  BY  EACH  OF  THESE 
STATES  AND  TERRITORIES  DURING  THE  LAST  TWENTY  YEARS 

BY 

Arthur  C.  Ludington 

INTRODUCTION 

The  following  monograph  deals  with  the  ballot  laws  of  the  several 
states  of  the  Union  and  of  the  territories  of  Arizona  and  New 
Mexico  as  they  stood  at  the  time  of  the  Congressional  elections 
of  November  8th,  1910.  The  chronological  survey  (Part  i)  in- 
cludes all  acts  passed  at  the  sessions  of  the  several  state  legislatures 
in  1910/  and  the  tabular  digest  (Part  3),  as  well  as  Parts  3 A  and 
3B,  are  compiled  as  of  November  8th,  1910. 

Where  the  word  "  ballots  "  is  employed  it  is  to  be  understood 
as  referring  only  to  ballots  used  for  the  election  of  public  officers. 
Primary  election  ballots  are  not  included  within  the  scope  of  this 
monograph. 

The  word  "  ballot,"  moreover,  is  to  be  understood  as  excluding 
ballots  used  at  special  elections.  Such  ballots,  whether  the  special 
election  is  for  the  purpose  of  filling  a  vacancy  in  a  public  office 
or   for  the  purpose  of  voting  upon   some   question  submitted  by 

'As  the  1910  session  of  the  Vermont  legislature''  was  not  yet  completed  in  January, 
191 1,  when  this  monograph  went  to  press,  it  was  impossible  to  include  any  reference 8 
thereto.  , 


438290 


6-  ^  NEVV'YOR*K:    STATE   LIBRARY 

the  legislature,  are  apt  to  be  provided  for  (especially  in  the  latter 
case)  by  the  statute  authorizing  the  election  to  be  held.  The  pro- 
visions of  these  special  acts  prescribing  the  form  of  ballot  to  be 
used  at  such  elections  vary  considerably,  and  as  they  are  very 
numerous  it  has  not  been  thought  worth  while  to  attempt  to  include 
them.  Only  those  forms  of  ballot,  therefore,  which  are  provided 
for  by  general  laws  governing  regularly  recurring  elections  are  dealt 
with  in  this  monograph. 

Part  I  Chronological  survey.  This  part  of  the  monograph  gives 
a  brief  outline  for  each  state  and  territory  and  for  the  period  from 
1888-91  to  1910,  inclusive,  of  every  law  enacted  and  of  every  con- 
stitutional amendment  proposed  by  the  legislature  (whether  subse- 
quently adopted  or  not)  which  deals  with  any  one  of  the  group  of 
subjects  selected  for  discussion.  These  subjects  are  hereafter  ex- 
plained in  detail  in  that  portion  of  the  introduction  which  relates 
to  the  Digest  (Part  3).  The  chronological  survey  does  not  attempt 
to  present  the  various  acts  and  amendments  of  earlier  years  as 
fully  as  the  current  laws  as  presented  in  Part  3.  For  example, 
while  a  separate  division  of  the  Digest  for  each  state  is  devoted  to 
the  method  by  which  the  names  of  candidates  are  given  a  place 
on  the  ballot,  the  earlier  enactments  dealing  with  this  subject  (i.  e. 
with  the  making  and  filing  of  certificates  of  nomination  or  inde- 
pendent "  nomination  papers,"  the  definition  of  political  parties 
entitled  to  nominate  by  certificate  of  nomination,  etc.)  are  but  briefly 
indicated  in  the  chronological  survey.  No  attempt  has  been  made 
to  include  in  the  survey  the  direct  primary  laws  passed  in  a  number 
of  states,  or  the  amendments  to  the  same.  These  laws  generally 
modify  to  some  extent  the  procedure  by  which  the  names  of  candi- 
dates are  given  a  place  on  the  official  ballot  for  general  elections, 
and  where  such  laws  are  now  in  force,  this  fact  has  been  indicated 
in  the  tabular  digest ;  but  it  was  not  thought  worth  while  to  include 
them  in  the  chronological  survey.  The  outlines  of  those  acts  or 
portions  of  acts  which  deal  with  the  form  of  the  ballot  or  with  the 
rules  for  marking  the  ballot  are  somewhat  fuller,  but  even  in  these 
cases  no  attempt  has  been  made  to  describe  every  detail  of  each 
new  piece  of  legislation.  To  do  so  would  have  required  too  much 
space,  and  for  the  reader  who  desires  exhaustive  information  com- 
plete references  are  given  to  the  statutes  themselves. 

Part  2  Classification  and  summary.  This  section  presents  in 
tabular  arrangement  the  principal  changes  in  the  form  of  ballot  in 
the  several  states,  the  states  being  grouped  in  five  divisions  accord- 


AMERICAN    BALLOT   LAWS,    18B8-I9IO  7 

ing  to  the  general  types  and  forms  of  ballot  which  they  have  adopted 
since  1888-91. 

Part  3  Digest.  This  presents  for  each  state  under  four  heads  the 
principal  features  of  its  ballot  laws  as  they  stood  on  November  8th, 
1910,  the  states  being  arranged  alphabetically. 

The  first  division  under  each  state  contains  those  provisions  of 
its  constitution  which  deal  with  the  subjects  of  this  monograph. 

In  the  second  division  is  indicated  the  procedure  by  which  the 
names  of  candidates  are  given  a  place  on  the  official  ballot.  It  has 
not  been  attempted  to  show  the  time  at  which  certificates  of  nomi- 
nation or  nominating  petitions  must  be  filed  nor  the  form  in  which 
and  conditions  under  which  they  are  to  be  drawn  up,  nor  the 
method  by  which  vacancies  caused  by  the  death  or  withdrawal  of 
a  candidate  are  to  be  filled.  In  general  only  the  persons  by  whom 
such  certificates  or  petitions  are  to  be  signed  and  the  officers  with 
whom  they  are  to  be  filed  have  been  stated ;  or,  where  certificates  of 
nomination  and  nomination  papers  are  not  provided  for,  the  pro- 
cedure indicated  by  law,  whatever  it  may  be,  has  been  outlined. 

In  the  third  division  the  type  and  form  of  ballot  used  in  each 
state  are  described  under  various  subdivisions. 

Under  subdivision  i  is  indicated  the  general  type  of  ballot  used, 
i.  e.  whether  or  not  the  ballot  is  "official";  also  (in  amplification 
of  this  term)  by  whom  the  ballots  are  furnished  and  distributed 
to  the  several  ix)lling  places,  and  from  whom,  when  and  where  they 
are  to  be  obtained  by  the  voters. 

Subdivision  2  further  specifies  the  type  of  ballot  used  by  indicat- 
ing whether  candidates  of  all  parties  are  voted  for  on  a  single 
"  blanket "  ballot,  or  whether  there  is  a  separate  ballot  for  each 
party. 

The  remaining  subdivisions  in  this  division  deal  with  the  form 
of  the  ballot. 

Under  subdivision  3  is  indicated  the  general  arrangement  on  the 
ballot  of  the  names  of  the  candidates,  and  the  order  of  the  several 
party  columns  or  of  the  titles  of  the  several  offices ;  also  the  pres- 
ence or  absence  of  party  emblems  at  the  tops  of  the  columns  or  of 
party  designations  after  the  names  of  the  individual  candidates. 
Certain  other  details  as  to  the  arrangement  of  the  ballot  which 
did  not  seem  to  belong  under  any  other  subdivision  have  in  a  few 
cases  been  included  under  this  head. 

Subdivision  4  states  whether  any  special  method  is  provided  for 
voting  a  "  straight  party  ticket  "    (i.   e.  voting  for  all   the  candi- 


8  NEW   YORK    STATE   LIBRARY 

dates  of  any  one  party)  different  from  that  prescribed  for  voting 
a  "split  ticket",  (i.  e.  one  made  up  of  individual  candidates  from 
several  different  parties). 

Subdivision  5  states  whether  any  special  spaces  are  provided  on 
the  ballot  in  which  a  voter  may  write  the  names  of  persons  not  al- 
ready named  thereon  as  candidates  for  any  office. 

Subdivision  6  states  whether  or  not  there  is  any  provision  that 
no  candidate's  name  shall  appear  upon  the  ballot  in  more  than  one 
place,  and,  where  the  ballot  is  of  the  '*  party  column  "  form  and 
such  a  provision  exists,  states  the  procedure  to  be  followed  in  case 
a  candidate  is  nominated  by  two  or  more  parties. 

Under  subdivision  7  are  indicated  the  methods,  if  any,  employed 
in  each  state  to  attain  one  or  more  of  the  following  objects:  (a) 
that  the  ballot  returned  by  each  voter  to  be  deposited  in  the  ballot- 
box  shall  be  none  other  than  the  one  given  to  him  by  the  election  offi- 
cers; (b)  that  the  number  of  ballots  cast  shall  correspond  exactly 
with  the  number  of  persons  who  have  voted;  and  (c)  that  the 
methods  adopted  to  ensure  the  above  results  shall  not  be  such  as  to 
furnish  a  means  of  identifying  any  ballot  as  having  been  cast  by  a 
particular  voter.  Strictly  speaking,  this  subdivision  could  properly  be 
included  ia  this  division  only  when  the  above  objects  were  sought 
to  be  attained  by  some  method  or  methods  connected  with  the  form 
of  the  ballot  itself,  as  in  the  case  where  detachable  numbered  stubs 
are  provided  for.  Because  of  the  importance  of  this  subject,  how- 
ever, and  for  the  interest  of  the  comparison,  other  methods  which 
seek  to  attain  one  or  more  of  these  objects  —  such  as  the  signing 
or  initialing  of  each  ballot  on  the  back  by  the  election  officers,  the 
numbering  of  the  ballot  itself  before  it  is  deposited,  or  the  mere 
checking  off  of  the  voters'  names  on  a  registration  list  —  have  also 
been  included.  Owing  to  lack  of  space,  only  a  brief  indication  of 
the  method  employed  could  be  given  in  each  case. 

Subdivision  8  states  whether  or  not  the  official  ballots  are  pro- 
vided with  any  official  indorsement  printed  on  the  back  or  with  any 
similar  device,  such  as  a  special  watermark,  to  distinguish  them 
from  unofficial  or  spurious  ballots. 

Subdivision  9  states  whether  or  not  in  addition  to  the  general 
ballot,  separate  ballots  are  provided  for  municipal,  educational, 
judicial  or  other  officers  to  be  elected,  or  for  constitutional  amend- 
ments or  other  questions  to  be  voted  on,  at  national,  state  or 
municipal  elections ;  also  in  what  form  such  amendments  or  ques- 
tions  are  printed   on   the  general  ballot  or  on  a  separate   ballot. 


AMERICAN    BALLOT   LAWS,    1888-I9IO  9 

Whenever  the  ballots  used  at  separate  elections  (local,  judicial  etc.) 
are  of  a  different  form  from  those  used  at  general  elections,  this 
fact  is  also  indicated  under  this  subdivision.  No  attempt  has  been 
made,  however,  to  describe  the  various  informal  methods  of  voting 
usually  permitted  at  certain  minor  local  elections. 

Subdivision  lo  states  whether  or  not  sample  or  "  specimen " 
ballots  are  provided;  in  what  respects,  if  any,  they  differ  from  the 
official  ballots;  and  what  use  is  to  be  made  of  them.^ 

In  the  fourth  division  are  outlined  the  rules  for  marking  the 
ballot.  Under  this  heading  are  discussed  the  various  methods  of 
voting  a  "  straight "  or  a  "  split  ticket,"  and  it  is  stated  whether 
or  not  a  voter  may  write  on  his  ballot  the  name  of  any  person  not 
already  mentioned  thereon  as  a  candidate  for  some  office,  and 
whether  or  not  he  may  make  use  of  "  pasters."  The  implement  to  be 
used,  however,  in  marking  the  ballot,  (i.  e.  pencil,  pen,  or  stamp  and 
ink  pad)  is  not  indicated;  nor  has  any  attempt  been  made  to  dis- 
cuss the  rules  for  counting  the  ballots,  i.  e.  what  ballots  are  to  he. 
deemed  void  as  containing  distinguishing  marks  or  because  of  con- 
flicting marks,  what  ballots  are  to  be  counted  as  blank  for  one  or 
more  offices,  ho  the  intention  of  the  voter  is  to  be  interpreted, 
etc.  These  rules  are  very  closely  connected  with  the  rules  for 
marking  the  ballot  and  only  lack  of  space  has  caused  them  to  be 
excluded. 

The  statutory  references  which  are  given  in  the  several  divisions 
and  subdivisions  of  the  tabular  digest  are  (i)  to  the  particular 
section  of  the  code  or  revised  statutes  containing  the  provision  in 
question  and  (2)  to  the  original  chapter  or  page  of  the  session 
laws  in  which  the  provision  in  its  final  form  was  enacted.  In  most 
cases  the  corresponding  sections  of  earlier  laws  which  have  been 
either  amended  or  repealed  are  also  indicated.  Where,  however, 
the  references  to  the  session  laws  have  once  been  given  in  connec- 
tion with  any  section  of  the  code  or  revised  statutes  of  a  state,  if 
the  same  section  of  the  code  is  afterwards  referred  to  they  are  not 
repeated.  The  meaning  of  the  abbreviations  used  in  these  references 
may  be  found  by  consulting  the  table  in  Part  3B. 

^  From  among  the  great  number  of  detailed  provisions  to  be  found  in  the  laws  of  the 
several  states  in  regard  to  the  form  of  ballot,  it  was  difficult  to  decide  just  which  to  select 
for  this  third  division  and  which  to  omit.  If  the  work  were  to  be  begun  over  again,  possi- 
bly subdivisions  3  and  10  might  be  omitted  as  relatively  unimportant,  and  other  subdivi* 
sions  inserted  to  deal  with  the  various  methods  of  arranging  the  names  of  presidential 
electors,  the  emblems  or  devices,  if  any,  used  by  the  several  parties,  the  nature  of  the 
"instructions,"  if  any,  printed  at  the  top  of  the  ballot,  the  presence  and  placing  of  "voting 
squares"  or  "voting  circles,"  the  size  of  the  ballot,  the  kind  of^type  and  paper  used,  or 
other  details. 


10  NEW   YORK   STATE   LISRARY 

WHAT   PART   3  DOES   NOT   COVER 

In  addition  to  the  topics  mentioned  elsewhere  as  having  been 
omitted  from  this  digest,  it  should  be  stated  that  no  attempt  has 
been  made  to  cover  the  following:  provisions  as  to  the  number  of 
ballots  to  be  supplied,  the  manner  of  furnishing  substitutes  in  case 
the  original  ballots  are  not  ready  in  time  or  are  lost  or  destroyed, 
and  the  conditions  under  which  unofficial  ballots  may  be  used ;  pro- 
visions as  to  the  decision  of  questions  affecting  the  regularity  of 
nominations  or  the  right  to  the  use  of  the  party  emblem  in  case  of 
a  contest  between  rival  factions,  each  claiming  to  represent  the 
party;  provisions  as  to  the  reprinting  of  the  official  ballots  in  case 
nominations  are  altered,  or  the  affixing  of  pasters  by  the  elec- 
tion officers  before  the  ballots  are  distributed  to  the  voters  in  case 
the  change  of  candidates  occurs  too  late  to  have  the  ballots  re- 
printed; provisions  as  to  the  certification  by  the  secretary  of  state 
to  the  officers  charged  with  furnishing  the  ballots  of  the  names 
of  the  candidates  whose  certificates  of  nomination  have  been  filed 
with  him,  and  as  to  the  publication  by  him  before  election  day 
of  the  lists  of  candidates  of  the  several  parties  and  the  constitu- 
tional amendments  or  other  questions  to  be  voted  on;  provisions 
as  to  the  preparation  and  posting  of  cards  of  instruction  showing 
how  the  ballot  is  to  be  procured  and  voted;  provisions  as  to  the 
handling  of  the  ballots  on  election  day  (except  so  far  as  this  sub- 
ject is  covered  in  subdivisions  i  and  4  of  the  third  division  under 
Part  3)  and  as  to  the  obtaining  of  another  ballot  by  a  voter  in 
case  he  spoils  the  one  first  handed  to  him;  provisions  as  to  the 
assistance  which  may  lawfully  be  rendered  to  blind,  illiterate  or 
disabled  voters;  provisions  as  to  the  disposition  to  be  made  of  the 
ballots  after  the  election  is  over;  provisions  designed  to  ensure 
the  secrecy  of  the  ballot ;  penal  provisions  in  connection  with  the 
printing  and  handling  of  ballots;  and,  finally,  (except  in  the  case 
of  a  few  states)  provisions  as  to  the  minor  local  or  special  elections 
to  which  the  general  ballot  laws  do  not  apply. 

Part  3A  Voting  machines.  This  presents  the  general  constitu- 
tional and  statutory  provisions,  if  any,  of  the  several  states  in  re- 
gard to  the  use  of  voting  machines.  All  that  it  has  been  attempted 
to  indicate  here  is  (i)  the  method  by  which  voting  machines  may 
be  adopted,  (2')  the  political  divisions  and  the  elections  in  which 
they  may  be  used,  and  (3)  whether  or  not  the  approval  of  a  state 
voting  machine  commission  or  board  of  commissioners   is  neces- 


AMERICAN    BALLOT    LAWS,    1888-I9IO  II 

sary  before  any  particular  type  of  machine  may  be  adopted.  While 
further  details  as  to  the  legal  requisites  of  voting  machines  in 
each  state  and  the  rules  regulating  their  use  would  have  been  of 
interest,  the  length  and  complexity  of  the  several  voting  machine 
acts  is  so  great  that  the  inclusion  of  these  details  would  have  re- 
quired too  much  space. 

Part  3B  General  references  to  state  ballot  laws.  In  this  portion 
is  given  the  general  reference  to  the  chapter  or  article  of  the  latest 
code  or  revised  or  compiled  statutes  of  each  state  which  contains 
the  ballot  law;  also  to  any  subsequent  session  laws  amendatory 
thereof.  » 

Part  4  Short  bibliography.  This  includes  references  to  certain 
books,  portions  of  books,  pamphlets  and  magazine  articles  which  deal 
with  the  adoption  of  Australian  ballot  laws  in  this  country,  their 
development  in  the  several  states  since  1888,  and  their  present 
working.  Only  those  have  been  included  which  refer  more  or  less 
definitely  to  the  special  subjects  of  this  monograph  and  which  are 
thought  to  be  most  interesting  or  important.  No  attempt  at  com- 
pleteness has  been  made. 

Some  of  the  information  on  which  this  monograph  is  based  has  been  obtained  by  corre- 
spondence with  the  various  secretaries  of  state  or  other  state  officers,  or  from  examination 
of  the  ballots  themselves.  With  this  exception,  however.  Parts  i,  2  and  3  are  based  en- 
irely  on  an  examination  of^the  constitutions  and  statutes  of  the  several  states. 


Part    I 

CHRONOLOGICAL  SURVEY 
ALABAMA 

Until  1893  the  law  of  March  3,  1875  (p.76),  as  amended  by  the 
law  of  March  7,  1876  (p.  103),  remained  in  force  and  regulated 
the  subjects  covered  by  this  digest.  It  provided  that  all  elections  by 
the  people  were  to  be  by  ballot.  The  ballots  were  to  be  of  plain 
white  paper,  "  without  any  figures,  marks,  characters  or  embellish- 
ments thereon,  not  less  than  two  and  one-half  inches,  nor  more 
than  three  inches  in  width,  and  not  less  than  five  nor  more  than  ten 
inches  in  length,  on  which  must  be  written  or  printed,  or  partly 
written  and  partly  printed,  only  the  names  of  the  persons  for  whom 
the  elector  intends  to  vote,  and  must  designate  the  office  for  which 
each  person  so  named  is  intended  to  be  chosen."  It  was  also  pro- 
vided that  no  ballot  was  to  be  rejected  as  illegal  on  account  of 
the  name  of  any  candidate  being  abbreviated,  nor  on  account  of 
the  use  of  numerals  as  abbreviations,  nor  by  reason  of  the  erasure 
of  any  name  or  names  and  the  insertion  of  others,  provided  the 
meaning  of  the  elector  was  clearly  apparent.  Even  if  the  ballot  was 
not  of  the  proper  dimensions,  it  was  not  to  be  rejected  if  the  voter 
clearly  had  no  intention  of  violating  the  statute.  As  each  voter 
voted  his  name  was  to  be  called  distinctly,  and  written  by  each 
clerk  on  the  poll-lists.  The  names  of  voters  were  also  to  be  num- 
bered in  the  order  of  voting.  Constitutional  amendments  were  to 
be  written  or  printed  on  the  same  ballot  as  that  used  in  voting  for 
representatives,  but  several  amendments  could  be  voted  for  on  one 
ballot  by  reference  to  the  numbers  given  them  in  the  official  pub- 
lication. 

The  first  Australian  ballot  law  was  adopted  in  1893  (p.837,  Feb. 
21).  This  act  provided  for  the  "  office  group  "  form  of  ballot,  with 
no  special  method  of  voting  a  straight  party  ticket.  The  names 
of  candidates  were  to  be  arranged  in  alphabetical  order,  according 
to  surnames,  under  the  title  of  each  office.  The  order  in  which 
the  several  offices  were  to  be  printed  was  left  to  the  discretion 
of  the  officer  providing  the  ballots.  Constitutional  amendments  and 
other  questions  were  printed  on  the  general  ballot,  the  substance 
of  each  being  indicated.  Each  ballot  was  to  be  provided  with  a 
detachable  stub  on  which  one  of  the  inspectors  was  to  write  his 

[12] 


AMERICAN    BALLOT   LAWS,    188S-T9IO  I3 

name  or  initials  before  delivering  the  ballot  to  a  voter.    The  names 
of  the  candidates  were  to  be  printed  "  irrespective  of  party." 

In  1903  (p.438,  Oct.  9)  the  act  of  1893  was  repealed  and  a  new 
ballot  law,  the  one  now  in  force,  was  enacted.  This  law  provided 
for  a  "  party  column  "  ballot  with  emblems  and  with  special  circles 
for  voting  a  straight  party  ticket. 

In  1909  (p.277,  Aug.  25)  that  portion  of  this  law  embodied  in 
section  373  of  the  Code  was  amended  to  provide  that  the  name  of 
each  candidate  should  appear  but  once  on  the  ballot  and  under  only 
one  emblem. 

ARIZONA 

The  first  Australian  ballot  law  was  enacted  in  1891  (no.64  p.83, 
Mar.  18)  and  took  effect  on  the  first  Monday  in  June,  1892. 
It  provided  for  the  "  office  group  "  form  of  ballot  with  no  special 
method  of  voting  a  straight  party  ticket.  No  special  arrangement 
of  the  names  of  the  candidates  under  each  office  was  prescribed, 
but  the  name  of  each  candidate  was  to  be  followed  by  that  of  the 
party  or  political  organization  "  to  which  he  belonged." 

Questions  submitted  to  popular  vote  were  to  be  printed  on  the 
general  ballot  after  the  list  of  candidates.  There  was  no  limitation 
as  to  the  number  of  times  a  candidate's  name  might  appear  upon  the 
ballot.  A  facsimile  of  the  signature  of  the  chairman  of  the  board 
of  supervisors  which  provided  the  ballots  was  to  be  printed  on  the 
back  of  each  ballot  across  the  perforated  line  separating  the  ballot 
from  the  detachable  stub.  The  stubs  were  to  be  numbered  con- 
secutively in  printing  or  writing,  and  were  to  be  signed  by  one  of 
the  ballot  clerks  in  a  blank  space  provided  for  the  purpose.  As 
each  voter  returned  his  ballot  to  be  deposited,  the  number  on  the 
stub  was  to  be  written  opposite  his  name  on  the  registration  book 
and  his  voting  number  was  to  be  written  both  in  this  book  and  or 
the  stub. 

In  1895  (no.44  p.58,  Mar.  20)  this  act  was  amended.  The 
"  office  group "  form  of  ballot  was  abandoned  and  the  "  party 
column  "  form,  with  emblems  and  special  squares  for  voting  a 
straight  party  ticket,  was  adopted. 

ARKANSAS 
The   first   Australian    ballot   law   was    enacted    in    1891    (no.30 
p.32,  Mar.  4)  and  has  since  been  amended  but  once.    This  amend- 
ment was  enacted  in  the   same  year  as  the  act  itself   ('91   no.73 
p.130,  Mar.   26).     The  act  of   March  4th  had  provided   (in  the 


14  NEW    YORK    STATE    LIBRARY 

sample  form  of  ballot  included  in  the  text)  that  after  the  name 
of  each  candidate  should  be  printed  the  name  of  his  home  county 
and  the  full  name  of  his  party.  The  act  of  March  26th  included 
a  new  and  somewhat  different  sample  form  of  ballot  in  which  the 
name  of  the  candidate's  county  was  dropped  and  the  name  of  the 
party  which  nominated  him  printed  only  in  abbreviated  form. 

CALIFORNIA 

The  first  Australian  ballot  law  was  enacted  in  1891  (ch.130, 
Mar.  20).  It  provided  for  the  "  office  group  "  form  of  ballot  with 
a  special  method,  however,  of  voting  a  straight  party  ticket.  The 
names  of  the  several  parties  were  to  be  printed  together  at  the  top 
of  the  ballot  and  a  straight  ticket  could  be  voted  by  means  of  a 
cross  in  the  margin  opposite  any  one  of  them.  If  such  a  cross  were 
made,  however,  no  other  crosses  could  be  made  opposite  the  names 
of  individual  candidates  under  penalty  of  having  all  the  ballot, 
except  as  to  constitutional  amendments,  declared  void. 

The  names  of  candidates  were  to  be  arranged  in  alphabetical 
order  according  to  surnames  under  the  title  of  each  office,  and 
after  each  candidate's  name  was  to  be  printed  that  of  the  party  or 
group  which  had  nominated  him..  There  were  to  be  separate  ballots 
on  different  colored  paper  for  city  officers  and  for  consolidated 
city  and  county  officers.  Detachable  stubs  consecutively  numbered 
were  also  provided  for.  Constitutional  amendments  and  other 
questions  submitted  were  to  be  printed  on  the  general  ballot.  All 
ballots  were  to  be  printed  on  special  watermarked  paper,  the  water- 
mark on  which  was  to  show  on  the  outside  of  the  ballot  when  the 
latter  was  folded  and  was  to  be  changed  before  each  election. 

In  1893  (•ch.220,  Mar.  23)  this  act  was  amended  in  several 
particulars,  and  the  special  provision  for  voting  a  straight  party 
ticket,  which  had  been  declared  unconstitutional  by  the  supreme 
court  on  October  15,  1892  (Eaton  v.  Brown,  96  Cal.  371),  was 
repealed. 

In  1895  (ch.2i6,  Mar.  28)  the  act  of  1891  was  further  amended 
in  regard  to  the  filing  of  certificates  of  nomination  and  the  manner 
of  voting. 

On  November  3,  1896,  an  amendment  to  article  2  section  5  of 
the  constitution,  providing  that  elections  by  the  people  should  be 
by  ballot  or  by  any  other  method  prescribed  by  law,  so  long  as 
secrecy  in  voting  was  preserved,  was  adopted  by  the  people. 

In  1897  (ch.167,  Mar.  2.y^  an  act  was  passed  providing  for  a 
commission  to  examine,  investigate  and  test  the  various  kinds  of 
voting  machines  and  to  report  to  the  next  session  of  the  legislature. 


AMERICAN    BALLOT  LAWS,    1888-I91O  I5 

In  1899  (ch.ioi,  Mar.  20)  the  "office  group"  form  of  ballot 
was  abandoned  and  a  ''  party  column "  ballot,  without  emblems 
and  without  any  special  method  of  voting  a  straight  ticket,  adopted. 
A  blank  column  was  provided  for  writing  in  names.  The  several 
columns  were  to  be  arranged  in  such  order  as  the  secretary  of  state 
should  direct,  precedence,  however,  being  given  to  that  party  which 
polled  the  largest  vote  for  governor  at  the  last  preceding  election. 
No  candidate's  name  was  to  appear  on  the  ballot  in  more  than  one 
column. 

On  October  14,  1902,  the  provision  of  the  act  of  1899  that  no 
candidate's  name  should  appear  on  the  ballot  in  more  than  one 
column  was  declared  unconstitutional  by  the  supreme  court,  as 
violating  sections  11  and  21  of  article  i  of  the  constitution  (Mur- 
phy V.  Curry,  137  Cal.  479,  70  Pac.  461). 

On  November  4,  1902,  a  new  section  (6)  was  added  to  article  2 
of  the  constitution,  providing  that  the  legislature  should  have  power 
to  prescribe  different  methods  of  receiving  and  registering  the  vote 
at  elections  for  different  parts  of  the  state  and  that  it  might 
provide  for  the  use  of  voting  machines  in  designated  localities,  at 
the  option  of  the  local  authorities. 

In  1903  (ch.134,  Mar.  14)  *' party  circles"  for  voting  a  straight 
ticket  were  added  at  the  heads  of  the  columns,  but  no  emblems 
were  provided  for. 

In  the  same  year  ('03  ch.226.  Mar.  20)  a  state  voting  machine 
commission  was  created  and  the  use  of  voting  machines  of  any 
type  approved  by  this  commission  was  permitted  at  any  election  in 
any  county,  city  and  county,  city  or  town  where  they  should  be 
adopted  by  the  board  of  supervisors  or  other  board  having  charge 
or  control  of  elections. 

In  1907  (ch.342,  343,  Mar.  19)  this  act  of  1903  was  amended 
and  a  supplementary  act  was  passed  providing  for  the  testing  of 
voting  machines  before  elections. 

In  the  same  year  ('07  ch.345.  Mar.  19)  the  provisions  in  regard 
to  the  filing  of  certificates  of  nomination  were  amended. 

In  1909  (ch.  280,  Mar.  19)  section  1199  of  the  political  code  was 
amended,  the  number  of  official  ballots  to  be  provided  for  each 
election  precinct  being  altered. 

COLORADO 
The  first  Australian  ballot  law  was  adopted  in  1891  (p.i43»  Mar. 
26).     It  provided  for  a  ''party  column"  ballot  with  emblems  and 


l6  NEW    YORK    STATE   LIBRARY 

with  a  special  method  of  voting  a  straight  party  ticket.  Detachable 
stubs,  consecutively  numbered,  were  also  provided  for.  As  each 
ballot  was  returned  by  the  voter  to  be  deposited,  the  judge,  after 
detaching  the  stub,  was  to  number  the  ballot  in  the  corner  to  corre- 
spond with  the  stub  and  fold  and  paste  down  the  corner  so  as  to 
cover  the  number,  just  as  at  present.  The  ballots  had  the  usual 
indorsement  on  the  back.  Constitutional  amendments  and  other 
questions  were  printed  on  the  general  ballot. 

In  1894  (ch.7  p. 59,  Feb.  2j)  this  act  was  amended.  The  "  party 
column  "  form  of  ballot  w^as  abandoned  and  the  "  office  group  " 
form  substituted,  but  with  special  emblems  and  with  squares  at  the 
top  for  voting  a  straight  party  ticket.  The  names  of  the  candidates 
were  to  be  arranged  in  alphabetical  order  under  the  title  of  each 
office,  and  each  candidate's  name  was  to  be  followed  by  the  names 
of  all  parties  or  groups  which  had  nominated  him. 

In  1899  (ch.94,  May  3)  the  emblems  and  squares  for  voting  a 
straight  ticket  were  discarded  and  a  new  method  was  substituted  for 
this  purpose  (a  blank  space  in  which  the  voter  was  to  write  the 
name  of  the  party),  which  is  still  in  use.  The  rules  for  marking 
the  ballot  were  also  changed  to  correspond. 

In  1 90 1  (ch.72,  Apr.  16)  the  black  square  at  the  upper  left-hand 
corner  of  the  face  of  the,  ballot  was  added,  and  it  was  provided  that 
the  judges  should  write  the  voter's  number  on  the  back  of  this 
square,  and  fold  and  paste  down  the  corner  as  already  described. 

In  1905  (ch.ioi,  Apr.  10)  an  act  was  passed  (to  go  into  effect 
only  in  case  the  constitutional  amendment  to  be  submitted  the  follow- 
ing year  permitting  the  use  of  voting  machines  should  be  adopted) 
authorizing  the  use  of  voting  machines  at  any  or  all  elections  under 
specified  conditions.  The  constitutional  amendment  referred  to 
was  adopted  by  the  people  on  November  6th,  1906,  and  the  voting 
machine  went  into  effect  December  30,  1906. 

CONNECTICUT 

Until  1909  no  Australian  ballot  law  was  adopted  in  Connecticut. 

In  1889  (ch.247,  June  22)  there  was  enacted  an  election  law 
which  provided  for  semi-official  ballots,  separate  for  each  party, 
to  be  printed  and  distributed  by  the  several  party  organizations  on 
ballot  paper  furnished  by  the  secretary  of  state,  and  in  a  form 
prescribed  by  him.  Five  separate  kinds  of  ballots  for  different 
officers  or  groups  of  officers  were  provided  for,  and  there  were 
also  separate  ballots  for  constitutional  amendments  and  other  ques- 


AMERICAN    BALLOT   LAWS,    1888-I9IO  I7 

tions.  Official  envelopes  obtainable  only  from  the  election  officers 
at  the  polls  on  election  day  were  also  provided  for.  The  ballots 
were  to  be  secretly  marked  in  voting  booths  and  inclosed  in  the 
official  envelopes. 

In  1895  (ch.267,  July  2)  this  act  was  amended.  The  form  in 
which  the  ballots  were  to  be  printed  by  the  several  parties  was 
more  carefully  specified,  the  provisions  being  inserted  in  the  law 
itself  and  not  merely  left  to  the  secretary  of  state  to  prescribe. 
(For  example,  the  form  in  which  the  titles  of  the  several  offices 
should  be  printed  was  fully  stated.)  The  number  of  separate  bal- 
lots for  different  officers  or  groups  of  officers  was  increased  to 
seven.  It  was  also  provided  that  no  person  should  print  on  any 
party  ballot  the  name  of  any  person  not  a  candidate  of  the  party 
whose  name  was  at  the  head  of  the  ballot.  The  date  of  the  elec- 
tion was  to  be  printed  on  the  face  of  each  official  envelope. 

In  the  same  year  ('95  ch.263,  June  26;  ch.335,  July  6)  the  use 
of  the  Myers  automatic  ballot  machine  and  the  McTammany  vot- 
ing machine  was  permitted  in  any  municipal  election  in  any  town, 
city  or  borough.  A  constitutional  amendment  explicitly  permitting 
the  use  of  voting  machines,  which  passed  the  legislature  in  1895 
(p.712),  was  not  repassed  at  the  following  session. 

In  1897  (ch.213,  June  4)  the  ballot  act  was  further  amended. 
It  was  lengthened  and  a  number  of  its  provisions  were  altered  or 
amplified  in  detail. 

In  1899  (ch.207,  June  20)  the  number  of  separate  ballots  for 
different  officers  or  groups  of  officers  was  reduced  to  two,  a  third 
separate  ballot,  however,  being  provided  for  constitutional  amend- 
ments and  a  fourth  for  educational  purposes.  In  elections  where 
women  were  entitled  to  vote,  separate  ballots  containing  only  the 
names  of  the  candidates  for  whom  they  were  entitled  to  vote,  and 
a  separate  ballot  box  for  such  ballots,  were  provided  for. 

In  1901  (ch.182,  June  17)  it  was  provided  that  representatives 
at  large  should  be  voted  for  on  the  same  ballot  as  state  officers. 

In  the  same  year  ('01  ch.120,  June  5)  the  voting  machine  acts 
of  1895  were  repealed  and  a  new  act  was  passed  authorizing  the 
adoption  by  any  town,  city  or  borough  of  voting  machines  of  any 
type  approved  by  the  state  board  of  voting  machine  commissioners 
for  use  at  any  or  all  elections. 

In  1903  (ch.207,  June  19)  this  voting  machine  act  of  1901  was 
amended  and  amplified. 


1 8  NEW   YORK    STATE   LIBRARY 

In  the  same  year  ('03  ch.45,  Apr.  23)  the  provisions  in  regard 
to  official  envelopes  were  amended  and  elaborated. 

In  1905  (ch.181,  June  29)  a  new  law  was  passed  providing  a 
penalty  for  any  person  who  should  print  or  circulate,  for  use  at 
any  election  to  which  the  general  ballot  law  applied,  any  ballots 
of  a  size,  style  or  form  different  from  those  of  the  regular  party 
ballot  or  printed  on  any  paper  other  than  that  furnished  by  the 
secretary  of  state. 

In  the  same  year  ('05  ch.241,  July  18)  the  provisions  as  to  the 
use  of  pasters  were  amended  and  it  was  provided  that  all  pasters 
should  be  printed  upon  blank  paper,  of  a  color  other  than  white, 
to  be  designated  by  the  secretary  of  state  and  furnished  by  him 
on  application  and  on  the  payment  of  the  cost  thereof. 

In  October  1905  a  constitutional  amendment  (article  35  of  the 
amendments  to  the  constitution)  was  adopted  by  the  people,  ex- 
pressly permitting  the  use  of  voting  machines. 

In  1909  (ch.250,  Aug.  24)  a  complete  Australian  ballot  law  was 
enacted,  most  of  the  existing  law  on  the  subject  being  repealed. 
This  law  did  away  with  the  system  of  semi-official  ballots  and 
official  envelopes,  and  substituted  an  official  blanket  ballot  of  the 
"  party  column  "  form  with  no  emblems  but  with  "  party  circles  " 
for  voting  a  straight  party  ticket.  The  several  columns  were  to 
be  arranged  in  such  order  as  the  secretary  of  state  should  direct, 
precedence,  however,  being  given  to  the  party  which  polled  the 
largest  vote  for  governor  at  the  last  preceding  general  election. 
A  blank  column  for  writing  in  names  was  provided  for.  There 
was  to  be  but  one  ballot  for  all  officers  voted  for  at  any  one  elec- 
tion and  for  constitutional  amendments  and  other  questions  sub- 
mitted. Detachable  numbered  stubs  were  provided  for.  This  act 
went  into  effect  July  ist,  19 10. 

Another  act  ('09  ch.262,  Aug.  24)  amended  the  voting  machine 
law  in  regard  to  the  composition  of  the  state  board  of  voting 
machine  commissioners  and  in  several  other  particulars. 

A  third  act  ('09  ch.68,  June  2)  made  a  slight  change  in  the 
form  of  ballot  for  elections  of  school  officers  in  towns. 

DELAWARE 
The  first  Australian  ballot  law  was  adopted  in  1891   (ch.37,  May 
15).     It  provided  for  a  ''party  column"   form  of  ballot  with  a 
special  method  of  voting  a  straight  party  ticket.    This  law,  slightly 
amended,  is  still  in  force. 


AMERICAN    BALLOT   LAWS,    1888-I91O  I9 

In  1893  two  constitutional  amendments  which  had  been  passed 
in  1891  ('91  ch.i,  Apr.  28;  ch.2,  May  i6)  were  repassed  ('93 
ch.541,  Feb.  15;  ch.540,  Jan.  20)  and  became  part  of  the  constitu- 
tion. The  first  provided  that  "  the  legislature  may  by  law  pre- 
scribe the  means,  methods  and  instruments  of  voting  so  as  to  best 
secure  secrecy  and  the  independence  of  the  voter,  preserve  the 
freedom  and  purity  of  elections  and  prevent  fraud,  corruption  and 
intimidation  thereat."  The  second  provided  that  whenever  the 
question  whether  or  not  a  constitutional  convention  should  be  held 
was  submitted  to  the  voters,  the  ballots  should  be  kept  separate 
from  all  others  used  at  the  same  elections  and  should  be  distinct 
from  those  used  in  voting  for  any  candidate. 

In  the  same  year  ('93  ch.576.  May  4)  it  was  provided  that  the 
"  party  square  "  should  inclose  the  party  device  or  emblem  above 
the  party  name  at  the  head  of  the  ticket,  and  that  to  vote  a  straight 
ticket,  the  voter  was  to  stamp  this  square.  To  vote  a  split  ticket, 
he  was  to  stamp  this  square,  erase  the  names  of  the  candidates  for 
whom  he  did  not  wish  to  vote  on  his  party  ticket  and  put  cross 
marks  in  the  voting  squares  before  the  names  of  the  other  candi- 
dates for  whom  he  did  wish  to  vote. 

In  1897  (ch.396,  May  20)  a  few  changes  were  made.  The  small 
voting  squares  opposite  the  names  of  the  individual  candidates 
were  abolished.  It  was  also  provided  that  a  voter  should  not  be 
allowed  to  write  in  any  blank  space  on  his  ballot  the  name  of  any 
person  not  already  printed  on  the  ballot  as  a  candidate  for  the 
same  office,  and  that  if  any  voter  violated  this  rule,  his  ballot 
should  be  declared  void  and  should  not  be  counted.  The  manner 
in  which  the  clerks  were  to  write  their  initials  on  the  backs  of  the 
ballots  was  also  altered. 

In  1901  (ch.62,  Mar.  2)  the  form  of  cross  (X)  mark  to  be  used 
in  marking  the  ballot  was  defined. 

FLORIDA 

Until  1895  no  Australian  ballot  law  was  adopted  in  Florida. 

In  1889  (no.33,  June  4)  a  general  election  law  was  passed  con- 
taining the  following  provisions  as  to  ballots  etc. : 

"  Sec.  24.  The  voting  shall  be  by  ballot,  which  ballot  shall  be 
of  plain  white  paper,  of  not  more  than  two  and  one-half  inches  in 
width,  nor  more  than  six  inches  long,  clear  and  even  cut,  without 
ornament,    designation,    mutilation,    symbol  or  work  of  any  kind 


20  NEW    YORK    STATE   LIBRARY 

whatsoever,  except  the  name  or  names  of  the  person  or  persons 
voted  for,  and  the  office  to  which  such  person  or  persons  are 
intended  to  be  chosen,  which  name  or  names,  and  office  or  offices, 
shall  be  written  or  printed,  or  partly  written  and  partly  printed 
thereon  in  black  ink  or  with  black  pencil,  and  such  ballot  shall  be  so 
folded  as  to  conceal  the  name  or  names  thereon,  and,  so  folded,  shall 
be  deposited  in  a  box,  to  be  constructed,  kept  and  disposed  of  as 
hereinafter  provided,  and  no  ballot  of  any  other  description  found 
in  any  election  box  shall  be  counted."  Separate  ballots  were  to  be 
provided  for  the  following  officers:  (i)  governor;  (2)  adminis- 
trative officers  of  the  executive  department;  (3)  state  senators; 
(4)  members  of  the  house  of  representatives;  (5)  justices  of  the 
supreme  court;  (6)  county  officers;  (7)  members  of  Congress; 
(8)  presidential  electors.  Constitutional  amendments  and  other 
questions  submitted  were  to  be  printed  on  a  ninth  separate  ballot. 
As  each  voter  deposited  his  ballot  in  the  ballot-box,  his  name  was  to 
be  checked  off  on  the  registration  list  and  was  also  to  be  written 
on  the  poll-lists.  (All  the  ballots  above  mentioned  were  to  be 
unofficially  provided  and  distributed  to  the  voters). 

The  first  Australian  ballot  law  was  passed  in  1895  (i^o-7>  ^^y  ^5). 
With  a  few  amendments  mentioned  below,  this  act  is  still  in  force. 
It  provided  for  the  "  office  group  "  form  of  ballot,  with  no  special 
method  of  voting  a  straight  party  ticket  and  with  no  party  designa- 
tions after  the  names  of  the  several  candidates  or  anywhere  else 
on  the  ballot. 

In  the  same  year  ('95  no.8.  May  30)  this  act  was  slightly  amended 
in  regard  to  the  method  of  marking  the  ballot.  Also  the  inspectors 
were  directed  to  write  their  names  or  initials  on  the  ballot  stubs; 
under  the  earlier  act  they  had  been  directed  either  to  write  or  stamp 
them  on. 

In  1897  (no. 23  §  10,  June  7)  this  act  was  further  amended  to 
provide  that  the  printing  of  ballots  for  municipal  elections  was  to 
be  the  duty  of  the  city  or  town  council  instead  of  that  of  the  board 
of  county  commissioners. 

In  1907  (no. 1 7,  May  22)  another  amendment  was  adopted.  It 
was  provided  that  "  nothing  in  this  section  (the  one  in  which  a 
sample  form  of  ballot  was  printed)  shall  be  construed  to  prohibit 
the  names  of  the  several  candidates  for  national,  state  and  county 
offices,  and  other  matters  to  be  voted  on,  being  printed  in  the  same 
order  as  now  and  in  one  or  more  columns  on  the  same  ballot." 


AMERICAN    BALLOT   LAWS,    1888-I9IO  21 

GEORGIA 

No  Australian  ballot  law  has  been  adopted  in  Georgia  up  to  the 
present  time. 

Those  sections  of  the  law  which  deal  with  the  subjects  covered 
by  this  monograph  date  from  the  original  Code  of  Georgia  enacted 
in  1861.  This  Code  was  compiled  from  the  laws  of  Georgia  then  in 
force,  so  that  the  provisions  above  mentioned  are  really  of  earlier 
date  than  1861.  At  that  time,  however,  they  were  given  their 
present  form,  which  has  never  since  been  changed.  Practically  the 
whole  law  on  the  subject  of  ballots,  manner  of  voting,  etc.  (except 
for  the  provisions  of  the  constitution)  is  now  to  be  found  in  isection 
'J2  of  the  Political  Code  of  1895.  This  section  was  section  1288 
of  the  Code  of  1873,  and  section  1288  of  the  Code  of  1882.  The 
provisions  of  this  section  will  be  found  in  full  in  Part  3. 

IDAHO 

The  first  Australian  ballot  law  was  passed  in  1891  (p.57,  Feb.  25). 
This  law  provided  for  a  "  party  column  "  form  of  ballot,  but  witli 
no  emblems  and  with  no  method  of  voting  a  straight  party  ticket. 
Constitutional  amendments  and  other  questions  submitted  were  to 
be  printed  on  the  general  ballot. 

In  1895  (p.91  §  32,  Mar.  9)  this  law  was  slightly  amended  to 
provide  for  voting  circles,  instead  of  voting  squares,  after  the 
names  of  the  individual  candidates.  Constitutional  amendments 
were  to  be  printed  before  the  names  of  candidates  at  the  top  of 
the  ballot,  instead  of  after  them  at  the  bottom. 

In  1899  (p.33,  Feb.  2)  the  law  of  1891,  as  amended  in  1895,  was 
consolidated  and  re-enacted. 

In  1903  (p.354,  Mar.  2)  it  was  provided  that  the  name  of  no 
candidate  should  be  printed  on  the  ballot  in  more  than  one  column. 
Emblems  and  "  party  circles  "  at  the  heads  of  the  several  columns 
for  voting  a  straight  party  ticket  were  also  adopted  and  the  rules 
for  marking  the  ballot  were  correspondingly  amended. 

In  1905  (p.311,  Feb.  27)  the  law  was  further  amended  to  pro- 
vide for  the  printing  of  constitutional  amendments  on  a  separate 
pink  ballot,  and  of  other  questions  submitted  on  a  separate  light  blue 
ballot. 

In  the  Revised  Codes  of  1908  a  further  slight  change  was  made 
in  order  to  harmonize  section  118  of  the  law  of  1899  with  section 
48  of  this  law  as  amended  in  1905.  It  was  provided  that  the  ques- 
tions submitted  on  the  separate  light  blue  ballot  should  not  include 
"  county  seat  and  boundary  questions." 


22  NEW    YORK    STATE   LIBRARY 

ILLINOIS 

The  first  Australian  ballot  law  was  adopted  in  1891  (p.  107,  June 
22).  It  provided  for  a  "party  column"  form  of  ballot  with 
special  circles  for  voting  a  straight  party  ticket.  Constitutional 
am.endments  and  other  questions  submitted  were  to  be  printed  on 
the  general  ballot.  Except  for  the  amendments  described  below, 
this  law  is  still  in  force. 

In  1897  (p.2ii  §  3,  M;ay  6)  this  law  was  amended  by  a  pro- 
vision that  "  the  names  of  candidates  shall  not  be  placed  upon  the 
ballot  more  than  once  for  the  same  office,  or  under  more  than  one 
party  appellation  or  title."  Section  8  of  the  law  of  1891  was  also 
amended  to  provide  that,  if  a  candidate  were  nominated  by  more 
than  one  party  or  group  of  voters,  he  must  notify  the  secretary  of 
state  or  other  proper  officer  under  which  of  such  party  or  group 
appellations  he  wished  his  name  to  appear;  and  that  if  he  failed 
to  do  so  within  the  time  prescribed,  his  name  was  not  to  be  printed 
on  the  ballot  at  all. 

In  the  same  year  ('97  p.213.  May  26)  it  was  provided  that  the 
officer  charged  with  printing  the  ballots  should  have  a  sufficient 
number  of  "  specimen  ballots  "  printed. 

In  1898  (p. 10,  Feb.  10)  section  3  of  the  law  of  1891  (as 
amended  by  '97  p.211)  was  again  amended  and  the  proviso  forbid- 
ding the  printing  of  any  candidate's  name  in  more  than  one  place 
on  the  ballot  was  stricken  out. 

Section  8,  however,  (as  amended  by  '97  p.211)  which  contained 
practically  the  same  provision  as  section  3,  remained  unrepealed. 

In  1899  (p.  151,  Apr.  24)  the  law  was  again  amended  to  provide 
for  separate  ballots  for  constitutional  amendments  and  other  ques- 
tions submitted.  The  form  of  the  section  in  regard  to  "  specimen 
ballots"  was  also  altered  ('99  p.  149,  Apr.  22). 

In  1901  (p.  198,  May  11)  a  law  was  passed  providing  for  the 
submission  to  popular  vote,  for  the  purpose  of  obtaining  an  ad- 
visory expression  of  public  opinion,  of  questions  of  public  policy, 
and  it  was  provided  that  such  questions  should  be  printed  on  sepa- 
rate ballots  like  constitutional  amendments. 

In  1903  (p. 1 78,  May  14)  the  use  of  voting  machines  (as  de- 
scribed in  Part  3 A)  was  authorized. 

In  the  same  year  ('03  p.  174,  May  15)  it  was  provided  that  any 
person  nominated  by  more  than  one  party  or  group  might  within  a 
specified  time  withdraw  his  name  from  nomination  by  any  or  all 
of  them.     It  was  also  provided  that,  whenever  a  candidate  was 


AMERICAN    BALLOT    LAWS,    1 888-1 9 10  23 

nominated  by  two  or  more  parties  or  groups  for  the  same  office, 
the  secretary  was  to  notify  such  candidate  that  he  must  choose 
under  which  party  or  group  designation  he  wished  his  name  to 
appear;  and  that  if  the  candidate  failed  so  to  choose  within  the 
time  prescribed,  his  name  was  not  to  be  printed  on  the  ballot  under 
the  designation  of  any  of  the  parties  or  groups  which  had  nomi- 
nated him. 

In  1905  (p. 206,  May  13)  the  method  of  cumulative  voting  for 
state  representatives  (which  had  been  in  force  since  before  1891) 
was  defined  and  the  counting  of  such  votes  regulated.  Two  other 
slight  amendments  ('05  p.208;  one  approved  May  16,  the  other  be- 
came a  law  without  the  governor's  signature  May  18)  were  adopted 
in  this  same  year.  The  former  related  to  the  filing  of  certificates  of 
nomination  and  nomination  papers,  and  the  latter  to  the  form  of 
nominating  petitions  for  independent  candidates. 

In  1910  (ex.  sess.  p. 12  §12-16,  Mar.  9)  it  was  provided  that  the 
ballots  for  municipal  elections  in  cities  of  less  than  200,000  inhab- 
itants which  should  adopt  the  commission  form  of  government 
should  be  without  party  designations  of  any  sort,  and  should  con- 
tain only  the  names  of  the  two  candidates  for  the  office  of  mayor 
and  the  eight  candidates  for  the  office  of  commissioner  (four  of 
whom  were  to  be  elected)  who  had  received  the  largest  number  of 
votes  at  a  non-partisan  direct  primary  election.  A  separate  ballot 
was  also  provided  for  any  municipal  propositions  submitted  to  vote 
in  such  cities  by  initiative  petition  or  referendum  (§  47-48). 

INDIANA 

The  first  Australian  ballot  law  was  adopted  in  1889  (p.  157,  Mar. 
6).  It  provided  for  a  **  party  column"  ballot  with  emblems  and 
special  squares  for  voting  a  straight  party  ticket.  (This  was  the 
first  act  to  be  passed  in  any  state  providing  for  the  "  party  column  " 
form  of  ballot.)  It  also  provided  for  separate  ballots  for  state  and 
for  local  elections,  as  at  present.  There  was  no  limitation  as  to  the 
number  of  times  a  candidate's  name  might  appear  on  the  ballot. 
This  act  has  since  been  but  slightly  amended. 

In  1891  (p. 124,  Mar.  6)  it  was  provided  that  the  device  or  em- 
blem at  the  head  of  each  column  should  be  inclosed  within  the 
"  party  square  "  and  that  to  vote  a  straight  ticket,  the  voter  should 
stamp  a  cross  in  the  square.  It  was  also  provided  that  if  he  should 
stamp  this  large  square,  he  could  not  stamp  the  small  squares  in 
any  other  column  (under  penalty  of  having  his  ballot  thrown  out 


24  NEW    YORK    STATE   LIBRARY 

as  containing  distinguishing  marks)  unless  the  party  column  under 
the  "  party  square  "  which  he  had  stamped  contained  no  nomina- 
tions for  one  or  more  offices. 

The  whole  provision  in  regard  to  "paster  ballots"  (cf.  Part  3) 
was  added  to  the  law  by  this  act  of  1891. 

It  was  also  provided  that  no  candidate's  name  was  to  be  printed 
on  the  ballot  in  more  than  one  place.  If  a  candidate  were  nomi- 
nated by  convention  and  also  by  petition  his  name  was  to  be  printed 
only  in  the  party  column  and  not  among  the  independent  nomina- 
tions, unless  the  candidate  expressly  requested  to  have  it  printed 
with  the  latter. 

In  1893  (p.  192,  Mar.  2)  it  was  provided  that,  besides  the  state 
ballots  on  red  paper  and  the  county  ballots  on  white  paper,  there 
should  be  separate  township  ballots,  printed  on  yellow  paper,  for 
all  township  officers. 

In  1895  an  amendment  to  article  2,  section  13,  of  the  constitu- 
tion of  185 1  was  passed  for  the  first  time  ('95  p.367)  authorizing 
the  use  of  voting  machines  at  elections,  but  this  amendment  was 
not  repassed  at  the  next  session. 

In  1897  (p.49,  Feb.  23)  a  special  act  was  passed  in  regard  to 
ballots  and  manner  of  voting.  It  provided  that  the  party  devices 
at  the  head  of  each  column  should  be  inclosed  in  a  circle  instead 
of  in  a  square,  left  out  the  Prohibition  party  in  prescribing  the 
order  of  columns  on  the  ballot  and  added  to  the  old  provision  limit- 
ing the  number  of  times  that  a  candidate's  name  might  appear  on 
the  ballot  a  further  provision  that  a  candidate  nominated  by  two  or 
more  parties  might  elect  in  which  column  his  name  should  be 
placed,  failing  which  the  officer  furnishing  the  ballots  should  decide. 
This  act  also  changed  the  rules  for  marking  the  ballot. 

In  1899  (p.365,  Mar.  2)  an  act  was  passed  to  allow  the  use  of 
voting  machines  when  adopted  by  county,  city  or  town  authorities. 

In  1901  (p. 591,  Mar.  15)  the  voting  machine  law  of  1899  was 
repealed  and  a  new  law  on  that  subject  enacted.  This  law  pro- 
vided for  a  state  voting  machine  commission  and  allowed  local 
authorities  to  adopt  only  machines  of  a  type  approved  by  this  com- 
mission. 

In  1903  (p.278,  Mar.  9)  this  last  mentioned  act  was  amended 
in  several  respects,  the  use  of  the  voting  machines  being  made 
mandatory  in  counties  containing  a  population  of  36,000  or  over. 


AMERICAN    BALLOT   LAWS,    1 888-1 Q 10  25 

IOWA 

Up  to  1892  the  provisions  of  the  Code  of  185 1  in  regard  to  the 
form  of  ballot,  etc.  (§  256-57,  260,  as  reprinted  in  McClain's  Anno- 
tated Code  and  Statutes  1888,  §  1077-78,  1081)  remained  in  force. 
They  were  as  follows :  "  Section  256.  The  ballots  shall  designate 
the  office  for  which  the  persons  therein  named  are  voted  for.  Sec- 
tion 257.  In  voting,  the  electors  shall  deliver  their  ballots  to  one 
of  the  judges,  and  he  shall  deposit  them  in  the  ballot-box.  Section 
260.  The  name  of  each  person,  when  his  ballot  is  received,  shall 
be  entered  by  each  of  the  clerks  in  the  poll-book  kept  by  him,  so 
that  there  may  be  a  double  list  of  voters."  These  sections  consti- 
tuted practically  the  whole  law  on  the  subjects  covered  by  this 
monograph. 

The  first  Australian  ballot  law  was  adopted  in  1892  (ch.33, 
Apr.  2).  It  provided  for  a  "party  column"  ballot  without  em- 
blems and  with  special  circles  for  voting  a  straight  party  ticket. 
There  was  no  limitation  as  to  the  number  of  times  a  candidate's 
name  might  appear  on  the  ballot.  Constitutional  amendments  and 
other  questions  submitted  were  to  be  printed  in  full  on  the  general 
ballot. 

In  1897  (ch.20,  May  4)  an  official  code  was  adopted  which  in- 
troduced certain  changes  into  the  existing  law,  among  others  a 
provision  limiting  the  number  of  times  that  a  candidate's  name 
might  appear  on  the  ballot.  No  name  was  to  appear  more  than 
once,  and  each  candidate's  name  was  to  be  placed  in  the  column  of 
the  party  which  first  filed  a  certificate  of  his  nomination,  unless  the 
candidate  himself  requested  otherwise.  The  arrangement  of  the 
law  was  also  changed. 

In  1900  (ch.35,  Apr.  3;  ch.36,  Apr.  7;  ch.37,  Apr.  16)  the  law 
was  again  amended  to  provide  for  a  separate  ballot  for  constitu- 
tional amendments  and  other  questions  submitted  (ch.35)  ;  to  pro- 
vide that  the  writing  in  of  a  name  without  marking  a  cross  oppo- 
site thereto,  or  the  marking  of  a  cross  without  writing  in  any 
name,  should  not  be  deemed  to  invalidate  a  ballot  (ch.36)  ;  and  to 
provide  for  the  use  of  voting  machines  (ch.37).  This  latter  is 
the  voting  machine  act  which  is  still  in  force. 

In  1906  (ch.43,  Apr.  10;  ch.44,  Mar.  15)  district  judges  were 
excepted  from  the  provision  limiting  the  number  of  times  a  candi- 
date's name  might  appear  on  the  ballot  (ch.43).  The  "party 
circle  "  was  also  removed  from  the  ballot,  leaving  no  special  pro- 
vision for  voting  a  straight  party  ticket  (ch.  44). 


26  NEW    YORK    STATE    LIBRARY 

In  1907  (ch.48  §  5,  Mar.  29)  special  provisions  were  made  in 
regard  to  ballots  and  nominations  in  municipal  elections  in  cities 
which  might  adopt  the  commission  form  of  government. 

KANSAS 

Until  1893  the  election  law  of  1868  (G.S.  '68  ch.36,  art.  2,  Mar. 
3)  remained  in  force  and  regulated  the  subjects  treated  in  this 
digest.  Its  provisions  were  as  follows :  ''  §  7.  Manner  of  vot- 
ing. Each  elector  shall,  in  full  view,  deliver  to  one  of  the  judges 
of  election  a  single  ballot  or  piece  of  paper,  on  which  shall  be 
written  or  printed  the  names  of  the  persons  voted  for,  with  a 
proper  designation  of  the  office  which  he  or  they  may  be  intended 
to  fill."  It  was  also  provided  that,  on  receipt  of  the  ballot,  the 
judge,  before  depositing  it  in  the  ballot-box,  should  pronounce  the 
voter's  name  in  an  audible  voice  and  that  the  clerks  should  enter 
his  name  and  number  in  the  poll-books. 

The  first  Australian  ballot  law  was  adopted  in  1893  (ch.78, 
Mar.  11).  It  provided  for  a  "party  column"  ballot  without  em- 
blems and  with  no  special  method  of  voting  a  straight  party  ticket. 
There  was  no  limitation  as  to  the  number  of  times  a  candidate's 
name  might  appear  on  the  ballot.  Constitutional  amendments  and 
other  questions  submitted  were  to  be  printed  on  the  general  ballot. 
Before  delivering  a  ballot  to  a  voter  one  of  the  judges  was  to  write 
his  initials  on  the  back. 

In  1897  (ch.129,  Mar.  13)  this  law  was  amended  and  practi- 
cally re-enacted.  It  was  provided  that  the  columns  should  be  ar- 
ranged on  the  ballot  according  to  the  size  of  the  vote  of  the  several 
parties  in  each  county  at  the  preceding  election,  but  the  inde- 
pendent columns  were  to  follow  the  party  columns  and  were  to  be 
arranged  according  to  the  number  of  signers  of  the  several  peti- 
tions. A  blank  column  was  provided  for  writing  in  names.  It  was 
also  provided  that,  before  delivering  a  ballot  to  a  voter,  the  ballot 
clerk  was  to  write  the  voter's  number  from  the  poll-list  in  the  upper 
right-hand  corner  on  the  back  of  the  ballot,  and  that  the  judge  who 
received  the  ballots  was  to  clip  off  the  corner  containing  the  num- 
ber before  the  ballot  was  deposited  in  the  ballot-box. 

In  1898  (ch.17,  Jan.  7)  this  act  was  slightly  amended  to  provide 
that  the  name  of  not  more  than  one  candidate  for  each  office  should 
be  placed  in  any  column. 

In  1901  (ch.  1 77,  Mar.  i)  the  law  was  again  amended  to  pro- 
vide for  emblems,  ''  party  circles  "  for  voting  a  straight  ticket  and 


AMERICAN    BALLOT   LAWS,    1888-I9IO  ^7 

separate  ballots  for  township  and  city  officers  and  for  constitu- 
tional amendments.  It  was  also  provided  that  no  candidate's  name 
should  be  printed  on  the  ballot  in  more  than  one  column.  If  a 
candidate  nominated  for  the  same  office  by  two  or  more  parties 
failed  to  choose  in  which  column  his  name  should  be  printed,  the 
officer  furnishing  the  ballots  was  to  decide  for  him.  The  party 
columns  were  to  be  arranged  according  to  the  size  of  the  vote 
of  the  several  parties  for  governor  at  the  last  preceding  election 
and  independent  columns,  if  any,  in  the  order  in  which  the  peti- 
tions were  filed.  The  law  was  also  considerably  amended  in  re- 
spect to  the  method  of  making  and  filing  certificates  of  party  nom- 
ination and  '*  independent  nominations  "  and  in  respect  to  the  rules 
for  marking  the  ballot. 

In  the  same  year  ('01  ch.184,  Mar.  22)  the  use  of  voting  ma- 
chines at  any  election  was  authorized. 

In  1903  (ch.228.  Mar.  11;  ch.229,  Mar.  10)  the  law  was  further 
amended  to  provide  that  no  name  printed  on  the  ballot  could  be 
written  in  by  a  voter  anywhere  else  on  the  ballot.  The  provisions 
as  to  a  candidate  nominated  by  two  or  more  parties  for  the  same 
office,  and  those  as  to  the  form  of  ballot  and  the  rules  for  mark- 
ing the  same,  were  slightly  altered  in  detail  (ch.228).  The  sec- 
tion in  relation  to  the  method  of  printing  and  distributing  official 
and  sample  ballots  was  also  amended  (ch.229). 

In  1905  (ch.222,  Mar.  8)  the  form  of  instructions  to  voters  to  be 
printed  at  the  top  of  the  ballot  was  slightly  altered.  The  printing 
placed  above  the  party  circle  was  altered  to  explain  more  fully  the 
purpose  of  the  latter,  and  the  rules  for  marking  the  ballot  were 
amended. 

In  1907  (ch.114,  Mar.  2;  ch.123,  Feb.  25)  an  **  office  group" 
form  of  ballot  was  provided  for  separate  city  elections  in  cities  of 
the  first  and  second  classes  which  should  adopt  the  commission 
form  of  government. 

In  1909  (ch.133,  Feb.  9;  ch.134,  Mar.ii)  the  provisions  as  to 
the  furnishing  of  official  ballots  by  county  and  city  clerks,  the  pay- 
ment of  the  expenses  thereof,  and  the  distribution  of  ballots,  were 
amended,  and  chapter  229  of  the  laws  of  1903  was  repealed. 

Chapters  114  and  123  of  the  laws  of  1907,  relating  to  cities  of 
the  first  and  second  classes,  respectively,  under  the  commission 
form  of  government,  were  also  amended  ('09  ch.74,  Feb.  5;  ch.82, 
Feb.  26).  It  was  provided  that  the  ballots  for  municipal  elections 
in  such  cities  should  be  without  party  designations  of  any  sort  and 
contain  onlv  the  names  of  the  two  candidates  for  each  office  who 


28  NEW    YORK    STATE   LIBRARY 

had  received  the  largest  number  of  votes  at  a  non-partisan  pri- 
mary election.  A  form  of  ballot  for  municipal  measures  sub- 
mitted to  the  voters  by  initiative  petition  or  referendum  was  also 
prescribed. 

KENTUCKY 

The  first  Australian  ballot  law  in  Kentucky  (and  in  the  United 
States)^  was  enacted  in  1888  (ch.266,  Feb.  24).  It  applied 
only  to  the  election  of  certain  city  officers  in  the  city  of  Louisville. 

It  provided  for  an  ''  office  group  "  form  of  ballot  with  no  special 
method  of  voting  a  straight  party  ticket.  Indeed  no  party  designa- 
tions of  any  sort  were  to  be  printed  on  the  ballot  and  candidates 
were  to  be  nominated  only  by  petition.  The  names  of  candidates 
were  to  be  arranged  to  the  right  of  the  title  of  each  office,  in  alpha- 
betical order.  Municipal  questions  submitted  were  to  be  printed 
by  brief  title  below  the  list  of  candidates.  Detachable  stubs  were 
provided,  but  these  stubs,  instead  of  remaining  on  the  ballot  when 
it  was  given  to  the  voter,  were  left  in  the  "  stub-book  "  and  were 
filled  out  with  the  voter's  name  and  address  so  as  to  serve  in  place 
of  a  poll-list.  With  his  ballot  each  voter  was  given  an  "  envelope 
or  paper  bag  "  in  which  he  was  to  place  his  ballot  after  he  had 
marked  it  and  before  he  returned  it  to  be  deposited  in  the  ballot- 
box. 

In  1890  (ch.266,  Feb.  27)  this  act  was  amended  to  pro- 
vide for  a  second  detachable  stub  (called  a  "  slip  or  annex  ")  which 
remained  on  the  ballot  itself  until  the  same  was  deposited  in  the 
ballot-box.  These  stubs  were  numbered  consecutively  and,  when 
the  voter  returned  his  ballot,  were  to  be  compared  with  the  stub 
remaining  in  the  "  stub-book  "  and  then  detached.  Voting  squares 
opposite  the  names  of  the  individual  candidates  were  also  provided 
for  and  the  provision  as  to  ''  envelopes  and  paper  bags "  was 
omitted. 

In  the  same  year  ('90  ch.967,  Apr.  22;  ch.984,  Apr.  23; 
ch.1490.  May  13;  ch.1560,  May  15)  ballot  acts  practically  identical 
with  the  Louisville  law  as  amended  were  adopted  to  regulate  mu- 
nicipal elections  in  Bowling  Green,  Paducah,  Owensboro  and  Cov- 
ington, respectively. 

Until  1892  all  elections,  other  than  municipal  elections  in  the 
five  cities  above  mentioned,  were  regulated  by  the  general  law  of 
1872     (ch.86i,     Mar.     27).      The    portions    of    this    law    which 

'This  law  went  into  effect  frcm  and  after  the  date  of  passage.       The  first  Massachusetts 
aw  was  rot  passed  urtil  May  29,  1888,  ard  did  not  go  into  force  until  November  i,  1889 


AMERICAN    BALLOT   LAWS,    1888-I9IO  29 

governed  the  subjects  treated  in  this  monograph  applied  only  to 
elections  of  members  of  Congress;  all  other  elections  (under  the 
Constitution  of  1850,  article  8,  section  15)  were  viva  voce  until 
the  Constitution  of  1891  (§  147)  provided  that  they  should  be  "  by 
secret  official  ballot."  The  law  of  1872  provided  that  all  bal- 
lots at  congressional  elections  should  be  printed  or  written  on 
white  paper  and  should  contain  the  name  of  the  person  voted 
for,  but  no  other  distinguishing  mark.  On  receipt  of  each  ballot 
the  judges  were  to  announce  the  name  of  the  elector  in  an  audible 
voice,  and,  if  he  were  entitled  to  vote,  were  to  examine  his  ballot 
only  enough  to  see  that  it  was  single,  and  then  deposit  it. 

The  first  Australian  ballot  law  for  the  whole  state  was  passed  in 
1892  (ch.65,  June  30).  It  applied  to  all  elections,  ex- 
cept those  of  school  officers,  and  expressly  repealed  the  five  mu- 
nicipal election  acts  above  mentioned.  It  provided  for  a  "  party 
column"  ballot  with  emblems  and  with  special  squares  (inclosing 
the  emblems)  for  voting  a  straight  party  ticket.  If  a  candidate  was 
nominated  for  any  office  by  a  party  convention  and  also  by  peti- 
tion, his  name  was  to  be  printed  on  the  ballot  but  once,  and  that 
in  the  party  column  unless  he  should  expressly  request  that  it  be 
printed  instead  among  the  independent  nominations.  Constitu- 
tional amendments  and  other  questions  submitted  were  to  be 
printed  on  the  general  ballot.  A  double  stub  system,  practically 
the  same  as  that  at  present  in  force,  was  provided  for. 

In  the  same  year  ('92  ch.102,  Oct.  20)  this  act  was  slightly 
amended  in  regard  to  the  method  of  marking  the  ballot. 

In  1894  (ch.65,  Mar.  15)  it  was  provided  that  in  cities  or  towns 
of  the  fifth  class,  the  corporate  limits  of  which  included  parts  of 
two  or  more  counties,  the  county  clerk  of  each  such  county  should 
furnish  for  election  precincts  within  the  county  separate  ballots 
containing  only  the  names  of  city  or  town  officers  and  municipal 
questions,  where  such  were  to  be  voted  for. 

In  1900  (ex.  sess.  ch.3,  Oct.  16)  the  law  of  1892  was  again 
amended.  "  Party  circles  "  below  the  emblems  were  provided  for 
and  the  rules  for  marking  were  correspondingly  altered.  The  law 
was  further  amended  in  regard  to  the  making  and  filing  of  certifi- 
cates of  nomination  and  in  regard  to  the  furnishing  and  distribu- 
tion of  ballots  by  the  county  clerks. 

In  1904  (ch.30,  became  law  June  14)  an  act  was  passed  pro- 
viding for  the  submission  to  the  people  of  a  constitutional  amend- 
ment repealing  section  147  of  the  constitution  of  1891  which  pro- 
vided that  all  elections  by  the  people  should  be  by  secret  official 


30  NEW   YORK    STATE   LIBRARY 


1 


ballot,  and  inserting  a  new  section  to  provide  that  all  elections  by 
the  people  should  be  viva  voce  and  should  be  made  a  matter  of 
public  record  by  the  officers  of  the  election  according  to  the  direc- 
tion of  the  voter;  also  that  the  general  assembly  should  pass  all 
necessary  laws  to  enforce  this  provision.  This  amendment  was 
rejected  by  the  people  in  November,  1905. 

In  1910  (ch.50  §  6-7,  Mar.  21)  provision  was  made  for  special 
ballots  for  municipal  elections  in  cities  of  the  second  class  which 
should  adopt  the  commission  form  of  government.  These  ballots 
were  to  be  of  the  "  office  group  "  form,  without  party  designations 
of  any  sort,  and  were  to  contain  only  the  names  of  the  two  candi- 
dates for  each  office  who  had  received  the  largest  number  of  votes 
at  a  non-partisan  direct  primary  election. 

LOUISIANA 

Up  to  1894  the  election  law  of  1877  (no.58,  Apr.  11)  as  amended 
by  the  law  of  1882  (no.ioi,  July  5)  remained  in  force  and  regu- 
lated the  subjects  treated  in  this  monograph.  This  law  provided 
"  that  all  the  names  of  persons  voted  for  shall  be  printed  on  one 
ticket  or  ballot  of  white  paper,  of  uniform  size  and  quality,  to  be 
furnished  by  the  secretary  of  state  at  a  charge  of  five  per  centum 
over  and  above  the  actual  cost  of  said  paper ;  and  the  names  of  per- 
sons voted  for,  and  the  offices  for  which  they  are  voted,  shall  be 
accurately  specified,  and  should  two  or  more  tickets  be  folded  to- 
gether the  tickets  so  folded  shall  be  rejected."  The  ballots  for 
congressmen  were  to  be  separate,  but  all  other  officers  were  to  be 
voted  for  on  the  same  ballot.  Every  person  offering  to  vote  was 
required  to  show  his  certificate  of  registration,  which  was  then  to 
be  stamped  or  marked  "  voted  "  by  the  election  officers.  A  poll- 
list  was  to  be  kept  and  the  names  of  voters  were  to  be  entered 
thereon  and  numbered  in  the  order  of  voting. 

In  1894  (no.  181,  July  12)  a  new  general  election  law  was  en- 
acted, and  all  prior  laws  on  the  subject  (except  those  relating  to 
contested  elections)  were  repealed.  The  provisions  of  the  earlier 
law,  however,  in  regard  to  ballots,  etc.,  were  substantially  re- 
enacted. 

The  first  Australian  ballot  law  was  enacted  in  1896  (no.  137, 
July  9).  This  act  provided  for  an  "office  group"  form  of  ballot 
with  no  special  provision  for  voting  a  straight  party  ticket.  The 
names  of  the  candidates  were  to  be  arranged  in  alphabetical  order 
under  the  title  of  each  office,  and  were  to  be  followed  by  the  candi- 


AMERICAN    RALLOT    LAWS,    1888-I9IO  3I 

dates'  addresses  and  by  their  party  or  political  designations.  Con- 
stitutional amendments  and  other  questions  submitted  were  to  be 
printed  on  the  general  ballot. 

In  1898  (no. 1 52,  July  14)  this  act  was  repealed  and  re-enacted 
in  different  form.  The  "  office  group  "  form  of  ballot  was  aban- 
doned and  a  "  party  column  "  ballot  adopted,  with  emblems  and 
with  a  special  method  of  voting  a  straight  party  ticket.  There  was 
no  limitation  as  to  the  number  of  times  a  candidate's  name  might 
appear  on  the  ballot.  No  detachable  stubs  were  provided  for. 
Constitutional  amendments  and  other  questions  submitted  were 
to  be  printed  on  the  general  ballot.  A  number  of  portions  of  the 
former  law  were  re-enacted,  even  in  some  cases  where  the  same 
were  inconsistent  with  the  ''  party  column  "  form  of  ballot. 

In  1900  (no. 132,  July  11)  it  was  provided  that  no  candidate's 
name  should  appear  on  the  ballot  in  more  than  one  column.  The 
method  of  filing  certificates  of  nomination  was  also  slightly 
amended. 

MAINE 

The  first  Australian  ballot  law  was  adopted  in  1891  (ch.102, 
Afar.  25).  It  provided  for  a  ''party  column"  ballot  with  no  em- 
blems but  with  a  special  method  of  voting  a  straight  party  ticket. 
With  the  exception  of  the  few  amendments  mentioned  below,  this 
law  is  still  in  force. 

In  1893  (ch.  267,  Mar.  28)  several  slight  changes  were  made. 
The  method  of  voting  a  straight  party  ticket  was  changed  by  add- 
ing a  "  party  square  "  at  the  head  of  each  column.  The  other  rules 
for  marking  the  ballot  were  also  amended. 

In  1 90 1  (ch.169.  Mar.  6)  towns  and  cities  were  authorized  to 
adopt  voting  machines,  of  any  type  approved  by  a  state  board  of 
voting  machine  commissioners  created  by  the  act,  for  use  at  all 
elections. 

In  1903  (ch.6,  Feb.  11;  ch.169.  Mar.  26)  the  method  of  voting 
was  again  amended  so  as  to  allow  the  use  of  pasters  by  the  voters 
(ch.6)  and  the  law  as  to  the  filing  of  certificates  of  nomination  was 
slightly  amended  (ch.169). 

MARYLAND 

The  first  Australian  ballot  law  was  adopted  in  1890  (ch.538, 
Apr.  8).  It  provided  for  a  "party  column"  form  of  ballot  with 
emblems  and  with  a  special  method  of  voting  a  straight  party  ticket 
by  a  cross  mark  in  the  margin  opposite  the  name  of  the  party. 


32  NEW    YORK    STATE    LIBRARY 

Constitutional  amendments  and  other  questions  submitted  were  to 
be  printed  on  the  general  ballot.  There  was  no  limitation  as  to 
the  number  of  times  a  candidate's  name  might  appear  on  the  bal- 
lot. This  law  applied  to  all  except  nine  counties  (§3)  and  to  five 
cities,  including  Baltimore;  but  section  2  (amending  section  137 
of  the  Code)  relating  to  the  form  of  ballot,  was  restricted  in  its 
application  to  the  city  of  Baltimore.  Wherever  the  law  applied  an 
official  ballot  was  provided  for,  and  the  method  of  making  and 
certifying  norinations,  the  method  of  furnishing  the  ballots,  the 
rules  for  conducting  the  election  and  the  rules  for  marking  the 
ballot  were  prescribed.  Only  for  Baltimore  city,  however,  was  the 
form  of  ballot  definitely  specified. 

In  1892  (ch.236.  Mar.  30)  section  3  of  the  act  of  1890  (amend- 
ing section  137  of  the  Code)  was  re-enacted  with  the  restricting 
clause  left  out,  so  that  the  section  was  made  to  apply  to  all  parts 
of  the  state  covered  by  the  rest  of  the  act.  Certain  details  in  the 
form  of  the  ballot  were  also  changed. 

In  the  same  year  ('92  ch.300,  Apr.  i)  the  application  of  the 
act  of  1890  was  extended  so  as  to  include  all  the  counties  of  the 
state  without  exception. 

In  1896  (ch.202,  Apr.  2)  the  whole  general  election  law,  in- 
cluding the  ballot  act  of  1890  as  amended,  was  repealed  and  re- 
enacted  with  certain  amendments.  A  blank  column  for  writing 
in  names  was  substituted  for  the  blank  spaces  previously  provided 
for.    The  general  form  of  the  ballot,  however,  remained  unchanged. 

In  1901  (ex.  sess.  ch.2.  Mar.  21)  the  "party  column"  form  of 
ballot  was  abandoned  and  the  "  office  group  "  ballot,  with  no  special 
method  of  voting  a  straight  party  ticket,  substituted.  The  names 
of  the  candidates  were  to  be  arranged  in  alphabetical  order  under 
the  title  of  each  office,  each  name  followed  by  the  designation  of 
the  party  or  principle  which  the  candidate  represented.  The  type 
used  was  to  be  uniform  throughout  the  ballot  and  was  to  be  de- 
termined by  the  boards  of  supervisors  of  elections  of  Baltimore 
city  and  the  several  counties. 

.  In  1902  (ch.133.  Mar.  29)  a  few  slight  changes  were  made  in 
the  form  of  ballot.  The  style  of  type  to  be  used  was  now  pre- 
scribed by  the  law  itself.  Instructions,  such  as  "  vote  for  one," 
"  vote  for  two,"  etc.,  were  also  provided  for  to  accompany  each 
office  group.  __ 

In  1904  (ch.339,  Apr.  12)  it  was  provided  that  in  the  counties 
of  Worcester,  Somerset,  Talbot,  Kent,  Frederick,  Garrett,  Prince 


AMERICAN    DALLOT    LAWS,    1888-I9IO  33 

George's,  Charles,  St  Mary's,  Calvert  and  Anne  Arundel  the  bal- 
lot should  contain  no  party  designations  of  any  sort.  In  Balti- 
more city  and  in  the  remaining  counties  of  the  state,  viz,  Baltimore, 
Dorchester,  Queen  Anne's,  Wicomico,  Carroll,  Washington,  Al- 
legheny, Cecil,  Montgomery,  Howard,  Caroline  and  Harford,  the 
form  of  ballot  previously  in  force,  with  party  designations  after 
the  names  of  the  several  candidates,  was  retained. 

In  1906  (ch.498,  Apr.  3)  Frederick  and  Garrett  counties  were 
taken  out  of  the  first  of  the  above  lists  (where  the  ballots  con- 
tained no  party  designations)   and  placed  in  the  second  list. 

In  1908  (p.  103  §  I,  Apr.  6)  Dorchester  and  Queen  Anne's 
counties  were  taken  out  of  the  second  list  (ballots  with  party  desig- 
nations) and  put  in  the  first. 

In  1910  (p.112)  the  definition  of  political  parties  which 
might  nominate  candidates  for  office  by  convention  or  primary 
meeting  (exempt  from  the  provisions  of  the  direct  primary  law  of 
1910,  p.113)  was  amended  so  as  to  include  only  parties  "whose 
highest  candidate  at  any  election  held  within  two  years  next  pre- 
ceding the  holding  of  such  convention  polled  more  than  i%  and 
less  than  io%  of  the  entire  vote  cast  in  the  state,  county  or  other 
division  or  district  for  which  the  nomination  is  made." 

MASSACHUSETTS 

The  first  Australian  ballot  law  was  enacted  in  1888  (ch.436, 
May  29)  to  take  effect  November  i,  1889.  It  applied  only  to  elec- 
tions of  national,  state,  district  and  county  officers  in  cities  and 
towns  and  to  elections  of  municipal  (but  not  of  town)  officers.  It 
provided  for  a  ballot  very  similar  to  that  now  in  use  but  in  a 
simpler  form.  The  names  of  the  candidates,  followed  by  their 
addresses  and  their  party  or  political  designations,  were  to  be  ar- 
ranged in  alphabetical  order  under  the  title  of  each  office.  Con- 
stitutional amendments  and  other  questions  submitted  were  to  be 
printed  on  the  general  ballot. 

In  1889  (ch.413,  June  5)  a  number  of  minor  amendments  to  this 
act  were  adopted ;  for  example,  it  was  provided  that  the  street  num- 
ber was  to  be  added  to  the  address  of  each  candidate  for  a  city 
office ;  the  officers  authorized  to  decide  disputed  questions  as  to  the 
proper  designation  of  candidates  on  the  ballot  were  specifically  em- 
powered to  distinguish  between  candidates  nominated  by  certifi- 
cates of  nomination  and  those  nominated  by  nomination  papers; 
and  it  was  provided  that  the  ballots  for  school  officers  for  whom 


34  NEW    YORK    STATE    LIBRARY 

women  were  entitled  to  vote  should  be  printed  on  tinted  paper  of  a 
different  shade  from  that  used  for  sample  ballots.  The  time  for 
performing  certain  acts  in  connection  with  the  delivery  of  ballots 
and  stationery  to  the  election  officers  was  also  altered  and  other 
slight  changes  of  this  character,  too  numerous  to  specify,  were 
adopted.  No  important  alterations,  however,  were  made  in  the 
earlier  act. 

In  1890  (ch.386,  June  4)  a  ballot  law  for  town  elections  was 
enacted  (similar  to  the  general  ballot  law,  but  simpler)  which 
could  be  adopted  by  any  town  at  its  regular  town  meeting. 

In  the  same  year  ('90  ch.436,  June  23)  the  method  of  certifying 
nominations  was  amended  in  a  few  particulars,  and  it  was  pro- 
vided that  a  candidate  nominated  by  "  nomination  papers  "  should 
be  so  designated  on  the  ballot. 

In  1891  (ch.238,  Apr.  24;  ch.269-70,  Apr.  30)  the  law  was 
amended  to  permit  blind  and  disabled  voters  to  receive  assistance" 
in  marking  their  ballots  (ch.238)  and  two  other  slight  changes  were 
made  (ch.269,  270).  By  chapter  269  it  was  provided  that,  where 
aldermen  at  large  were  voted  for  in  a  city,  the  number  of  the 
wards  where  the  candidates  for  such  offices  resided  should  be 
printed  after  their  names  on  the  ballot.  By  chapter  270  it  was  pro- 
vided that  where  more  persons  were  nominated  for  any  office, 
through  certificates  of  nomination  bearing  the  same  party  designa- 
tion, than  there  were  persons  to  be  elected  to  such  office,  the  officers 
authorized  to  decide  disputed  questions  as  to  nominations  should 
decide  which  of  these  candidates  were  entitled  to  the  use  of  the 
party  designation  and  should  allow  no  more  candidates  to  use  it 
than  there  were  persons  to  be  elected  to  the  given  office. 

In  1892  (ch.279.  May  9)  special  provision  was  made  for  the 
arrangement  of  names  of  presidential  electors  on  the  ballot  so  that 
all  the  electors  of  any  one  party  could  be  voted  for  by  a  single 
cross  mark.  Other  slight  amendments  were  made  by  chapter  316 
(app.  May  19)  which  prescribed  the  method  of  sending  to  the  poll- 
ing places  and  posting  the  cards  of  election  and  specimen  ballots, 
and  by  chapter  406  (app.  June  16)  which  created  a  state  ballot  law 
commission  to  decide  all  questions  arising  as  to  certificates  of 
nomination. 

In  1893  (ch.417,  June  5)  the  entire  election  law  including  most 
of  the  amendments  passed  during  the  session  of  1893  was  recodi- 
fied. These  included  an  act  ('93  ch.87,  Mar.  13)  providing  that 
any  town  might  by  a  two-thirds  vote  revoke  its  adoption  of  the 


A.MERtCAN    nALLOT    LAWS,     1888-I9IO  35 

oJiicial  ballot  law  of  1890;  and  another  ('93  ch.465,  June  9)  au- 
thorizing the  adoption  of  the  McTammany  voting  machine  by  any 
town. 

In  1895  there  was  adopted  a  new  definition  of  the  political  parties 
which  could  nominate  candidates  for  public  offices  by  convention 
or  caucus  ('95  ch.323,  Apr.  25).  The  provisions  in  regard  to  the 
filing  of  "nomination  papers"  were  slightly  altered  ('95  ch.253, 
Apr.  6;  ch,262,  Apr.  10).  And  it  was  provided  ('95  ch.196,  Mar. 
30)  that  the  names  of  candidates  nominated  to  fill  vacancies  should 
be  printed  on  the  ballot  apart  from  i  .ose  of  candidates  nominated 
for  the  full  term,  and  should  be  followed  by  the  words  ''  To  fill 
vacancy." 

In  1896  cities  and  towns  were  authorized  to  adopt  the  McTam- 
many voting  machine  for  all  elections  and  the  state  ballot  law  com- 
mission was  directed  to  prescribe  rules  for  its  use  ('96  ch.498, 
June  5).  The  law  in  regard  to  certificates  of  nomination  was  also 
amended  ('96  ch.469,  June  4). 

In  1897  (ch.482,  June  9)  the  provision  fixing  the  order  of  the 
candidates'  names  under  the  title  of  each  office  was  amended  by 
providing  that  the  names  of  candidates  for  the  same  office  but  for 
different  terms  of  service  therein  should  be  arranged  in  groups  ac- 
cording to  such  terms  of  service,  the  alphabetical  arrangement  being 
otherwise  retained. 

In  1898  the  number  of  ballots  to  be  provided  for  town  elections 
was  altered  ('98  ch.163,  Mar.  12)  and  the  whole  election  law  was 
recodified  and  re-enacted  ('98  ch.548,  June  21). 

In  1899  (ch.220,  Apr.  i)  it  was  provided  that  if  a  candidate 
were  nominated  by  more  than  one  party  or  group  of  voters  he 
might  select  the  order  in  which  the  several  party  or  political  desig- 
nations should  follow  his  name  on  the  ballot;  if  he  failed  to  do  so 
the  officer  furnishing  the  ballots  was  to  settle  the  order  himself. 

In  1900  (ch.231,  Apr.  13)  it  was  provided  that  when  more 
candidates  bearing  the  same  political  or  other  designation  were 
nominated  for  any  office,  otherwise  than  by  nomination  papers,  than 
there  were  persons  to  be  elected  to  such  office,  the  officers  charged 
with  settling  disputes  as  to  nominations  should  determine  which 
candidates,  if  any,  were  entitled  to  such  designation,  and  that  no 
greater  number  of  candidates  for  any  office,  bearing  the  same  polit- 
ical designation,  nominated  otherwise  than  by  nomination  papers, 
should  be  placed  upon  the  official  ballot  than  there  were  persons 
to  be  elected  to  such  office. 


3^  NEW    YCRK    STATE    LIBRARY 

In  1901  the  form  of  "  nomination  papers  "  was  slightly  altered 
(ch.435,  May  23)  and  the  adoption  of  voting  machines  for  the  city 
of  Boston  was  put  under  the  control  of  the  mayor  and  the  board  of 
election  commissioners  (ch.531,  June  19). 

In  1902  the  election  law  was  recodified  and  re-enacted  as  chapter 
II  of  the  revised  laws  of  that  year. 

In  1904"  (ch. 275,  Apr.  30)  a  slight  change  was  made  in  the  form 
of  "  nomination  papers." 

In  1906  (ch.444  §  4-5,  May  31)  the  law  in  regard  to  "nomina- 
tion papers  "  and  to  the  depositing  of  ballots  in  the  ballot-box  was 
further  amended. 

In  1907  the  law  in  regard  to  "  nomination  papers,"  the  political 
designations  of  candidates,  and  the  arrangement  of  the  candidates' 
names  on  the  ballot  was  slightly  amended  (ch.429  §  6-8,  May  17). 
The  entire  election  law  was  also  recodified  and  re-enacted  ('07 
ch.560,  June  26).  On  October  30th  of  the  same  year  the  use  or 
voting  machines  was  declared  unconstitutional  by  the  supreme 
judicial  court  (Nichols  v.  Board  of  Election  Commissioners  of  the 
City  of  Boston,  196  Mass.  410). 

At  the  session  of  1909  a  proposed  amendment  to  the  constitu- 
tion, expressly  authorizing  the  use  of  voting  machines,  was  passed 
for  the  first  time  by  the  legislature.  It  was  repassed  by  the  legis- 
lature in  1910,  but  as  no  provision  was  included  submitting  it  to 
the  people  for  ratification  it  has  not  yet  been  finally  voted  on. 

MICHIGAN 

The  first  Australian  ballot  law  was  passed  in  1891  (no.  190, 
July  3).  This  act  provided  for  a  "  party  column  "  ballot  with  em- 
blems and  with  special  squares  for  voting  a  straight  party  ticket. 
Constitutional  amendments  and  other  questions  submitted  were  to 
be  printed  on  the  general  ballot.  There  was  no  limitation  as  to  the 
number  of  times  a  candidate's  name  might  appear  on  the  ballot. 
Except  for  the  amendments  noted  below,  this  act  is  still  in  force. 

In  1893  (no. 202,  June  i)  it  was  slightly  amended.  It  was  pro- 
vided that  the  "  party  columns  "  should  be  arranged  on  the  ballot 
according  to  the  size  of  the  votes  of  the  several  parties  at  the  last 
preceding  election.  The  instructions  in  regard  to  the  manner  of 
marking  the  ballot  were  altered,  and  sample  or  '*  instruction  bal- 
lots "  were  provided  for. 

In  this  same  year  ('93  no.98,  99,  May  24)  the  use  of  the  Rhine-, 
and  Myers  types  of  voting  machines  was  authorized  for  township, 


AMERICAN    BALLOT    LAWS,    1888-I9IO  37 

city  and  village  elections  when  adopted  by  the  common  council  of  a 
city  or  village  or  by  a  township  board. 

In  1895  (no.17,  Mar.  14;  no.271,  June  5)  it  was  provided  that 
the  name  of  no  candidate  should  appear  in  more  than  one  column 
on  the  ballot,  but  that  if  a  candidate  were  nominated  by  two  or 
more  parties  or  groups  he  might  choose  in  which  column  his  name 
should  appear.  If  he  failed  to  do  so  it  was  to  be  printed  in  the 
column  of  the  party  which  first  filed  a  certificate  of  his  nomination. 
The  provisions  as  to  the  party  emblem,  the  form  of  ballot,  the 
method  of  filling  vacancies,  and  the  distribution  of  ballots  were  also 
slightly  amended  ('95  no.271). 

In  this  same  year  ('95  no. 76,  Apr.  17;  no.85,  Apr.  18)  the  use 
of  the  Abbott  and  the  Myers  types  of  voting  machines  was  author- 
ized for  all  elections  when  adopted  by  townships,  cities  or  villages. 

In  1897  (no. 59,  Mar.  31)  the  rules  for  marking  the  ballot  were 
slightly  amended. 

In  the  same  year  ('97  no.6i,  Apr.  i)  the  use  of  any  thoroughly 
tested  and  reliable  voting  machine  was  permitted  for  all  elections 
at  the  option  of  county  boards  of  supervisors  and  city  and  village 
councils,  and  the  qualifications  of  such  machines  were  prescribed. 

In  the  same  year  ('97  no. 266,  June  4)  a  separate  ballot  was 
provided  for  all  constitutional  amendments  and  other  questions  sub- 
mitted. 

In  1901  (no.214,  June  6)  the  order  in  which  the  various  offices 
should  be  printed  on  the  ballot  was  prescribed  and  a  detachable 
numbered  stub  at  the  corner  of  each  ballot  was  provided  for.  The 
method  of  distributing  ballots  to  the  voters  and  the  rules  for  mark- 
ing the  ballot  were  also  amended. 

In  1903  (no.234,  June  18)  the  act  of  1897  in  regard  to  voting 
machines  was  amended. 

In  1905  (no.25,  Mar.  20)  candidates  for  the  office  of  circuit 
judge  in  the  tenth  judicial  circuit  were  excepted  from  the  pro- 
vision limiting  the  number  of  times  a  candidate's  name  might  ap- 
pear on  the  ballot.  Another  minor  amendment  in  regard  to  the 
distribution  of  ballots  to  the  voters  was  also  adopted  ('05  no.55, 
Apr.  12)  and  the  voting  machine  act  of  1897  was  again  amended 
('05  no.217,  June  13). 

In  1907  (no.154,  June  17;  no.287,  June  ^'j^  the  voting  machine 
laws  were  revised  and  re-enacted,  all  previous  laws  being  repealed. 

In  1909  (no. 192,  June  i)  the  method  of  initialing  ballots  by  the 
election  officers  before  their  delivery  to  the  voters  was  altered. 


38  NEW    YORK    STATE    LIBRARY 

By  another  act  ('09  no. 214,  June  2)  the  voting  machine  law  was 
considerably  amended.  The  section  relating  to  the  form  of  ballot 
for  general  elections  was  also  amended  so  as  to  apply  to  ballots 
to  be  used  in  voting  machines  ('09  no.302,  June  2). 

MINNESOTA 

The  first  Australian  ballot  law  was  adopted  in  1889  (ch.3,  Apr. 
24)  and  applied  only  to  elections  in  cities  of  10,000  inhabitants  or 
over.  It  provided  for  an  ''  office  group "  ballot  but  if  a  voter 
wished  to  vote  a  straight  party  ticket  he  might  put  a  single  cross 
(X)  mark  opposite  the  name  of  one  candidate  of  any  party  near 
the  head  of  the  ticket  and  this  mark  would  be  counted  as  a  vote 
for  all  the  candidates  of  that  party.  No  special  arrangement  of  the 
candidates'  names  under  each  office  was  provided  for  in  the 
text,  but  in  the  appended  form  of  ballot  a  Republican  was  placed 
first,  a  Democrat  second,  and  a  Prohibitionist  third,  in  every  case. 
White  ballots  were  provided  for  for  all  candidates,  constitutional 
amendments  and  questions  to  be  voted  for  throughout  the  entire 
state ;  blue  ballots  for  all  other  candidates  and  questions  voted  for 
throughout  a  single  county ;  and  red  ballots  for  all  other  candidates 
and  questions  voted  for  in  any  one  city.  Each  candidate's  name 
was  to  be  followed  by  his  party  designation. 

In  1891  (ch.4,  Apr.  20)  this  law  was  repealed  and  a  new  law 
v/as  enacted  to  apply  to  the  whole  state.  The  "  office  group  "  form 
of  ballot  was  retained,  but  the  special  provision  for  voting  a 
straight  ticket  was  abolished.  The  arrangement  of  the  names  of 
the  candidates  of  each  party  was  to  be  settled  by  lot  and  was  to 
be  the  same  under  each  office  group.  In  other  respects  the  pro- 
visions of  the  law  of  1889  were  retained. 

In  1893  (ch.4,  Apr.  21)  the  law  of  1891  was  repealed  and  re- 
enacted  in  slightly  different  form.  The  arrangement  of  the  names 
of  the  candidates  under  each  office  was  to  be  not  by  lot  but  accord- 
ing to  the  size  of  the  vote  polled  by  their  respective  parties  at  the 
last  preceding  election.  The  order  of  the  several  offices  was  left 
to  the  officer  furnishing  the  ballots.  In  other  respects  the  form 
of  ballot,  etc.  remained  the  same  as  under  the  law  of  1891. 

In  1895  the  number  of  signatures  for  nominations  by  petition 
was  altered  ('95  ch.135,  Apr.  25)  ;  it  was  provided  that  if  a  can- 
didate were  nominated  by  more  than  one  party  the  name  of  the 
party  by  which  he  was  first  nominated  should  be  placed  first  after 
his  name   ('95  ch.136,  Apr.25)  ;  and  certain  provisions  of  the  law 


AMERICAN    BALLOT    LAWS,    1888-I9IO  39 

of  1893  were  extended  to  apply  to  separate  village  elections  ('95 
ch.139,  Apr.  2s). 

In  1897  (ch.190,  Apr.  21)  a  slight  amendment  was  made  in  the 
provision  as  to  the  printing  of  the  white  ballots. 

In  the  same  year  ('97  ch.296,  Apr.  23)  the  use  of  voting 
machines  was  permitted  at  all  elections  when  the  same  were 
adopted  by  any  county,  city  or  village. 

In  1899  (ch.315,  Apr.  20)  a  new  statute  on  the  subject  of  voting 
machines,  very  similar  to  that  of  1897,  was  enacted,  but  the  latter 
was  not  repealed. 

In  1901  (ch.88.  Mar.  27)  the  indorsement  on  the  back  of  the 
ballot  was  altered  and  also  the  form  in  which  constitutional 
amendments  and  other  questions  were  to  be  printed.  Where  two 
or  more  persons  were  to  be  elected  to  any  office,  it  was  provided 
that  the  names  of  all  the  candidates  for  such  office  should  be 
rotated  on  the  ballots  so  that  each  name  should  stand  in  each 
position  on  an  equal  number  of  ballots. 

In  the  same  year  ('01  ch.109,  Apr.  2)  the  general  provision  re- 
lating to  the  form  of  ballot  was  amended  so  that  all  the  presidential 
(lectors  nominated  by  any  one  party  could  be  voted  for  by  a  single 
cross  mark,  and  it  was  provided  ('01  ch.312,  Apr.  13)  that  no  can- 
didate's name  should  be  followed  on  the  ballot  by  the  designation 
of  more  than  one  political  party  nor  of  any  party  other  than  that 
which  had  first  nominated  him. 

In  1903  (ch.232,  Apr.  14)  the  form  of  this  last  provision  in 
regard  to  party  designations  was  slightly  altered.  Another  act 
('03  ch.251,  Apr.  18)  provided  for  a  separate  pink  ballot  for  all 
constitutional  amendments  and  other  questions  to  be  voted  on 
throughout  the  entire  state,  and  the  method  of  distributing  official 
ballots  was  slightly  altered  ('03  ch.i68,  Apr.  10).  It  was  further 
provided  ('03  ch.90,  Mar.  26)  that  no  person  should  sign  more 
than  one  nominating  petition  for  the  same  office  (unless  there  were 
more  than  one  person  to  be  elected  to  such  office)  and  that  no 
participant  in  any  primary  should  afterwards  sign  a  "  nomination 
paper." 

In  1905  (ch.87,  Mar.  30)  a  separate  lavender  ballot  was  pro- 
vided for  for  all  amendments  to  city  charters  or  questions  submitted 
to  the  voters  in  any  city.  Another  act  ('05  ch.134,  Apr.  11) 
altered  the  number  of  signatures  required  for  nominating  petitions. 
Still  another  ('05  ch.214,  Apr.  17)  amended  the  provisions  as  to 
the  distribution  of  ballots,  and  a  third  repealed  the  laws  of  1897 


40  NEW    YORK    STATE    LIBRARY 

and   1899  in  regard  to  voting  machines  and  replaced  them  by  a 
more  comprehensive  statute  ('05  ch.267,  Apr.  18). 

In  1909  (ch.64,  Mar.  12)  the  voting  machine  law  was  sHghtly 
amended. 

It  was  further  enacted  ('09  ch.170,  Apr.  10)  that  cities  having 
"  home  rule  charters  "  might  provide  in  such  charters  for  the  com- 
mission form  of  government  and  prescribe  a  form  of  ballot  for 
municipal  elections. 

MISSISSIPPI 

The  first  Australian  ballot  law  is  contained  in  an  ordinance  of 
the  constitutional  convention  of  1890  (Journal  of  the  Constitu- 
tional Convention  of  1890,  p.685). 

The  Constitution  of  1890  had  provided  (art.  12  §  240)  that  ''  all 
elections  by  the  people  shall  be  by  ballot";  also  (art.  12  §  246) 
that  "  prior  to  the  first  day  of  January,  1896,  the  elections  by  the 
people  in  this  state  shall  be  regulated  by  ordinance  of  this  con- 
vention." The  ordinance  itself  provided  (§  18)  that  all  laws  and 
parts  of  laws  in  conflict  with  any  of  its  provisions  should  be  re- 
pealed and  that  it  should  take  eflfect  on  January  i,  1891.  The 
form  of  certain  sections  of  this  ordinance  was  altered  by  the  Code 
of  1892,  in  which  it  was  embodied. 

According  to  the  constitutional  provision  above  quoted,  the 
ordinance  was  to  remain  in  force  until  January  i,  1896,  but  as 
practically  no  amendments  have  been  adopted  up  to  the  present 
time,  it  still  remains  in  force  and  its  provisions  appear  in  the  Code 
of   1906  in  almost  identically  the  same  form  as  in  that  of  1892. 

The  only  amendment  that  has  been  made  was  necessitated  by 
the  direct  primary  law  ('02  ch.66  §  23,  Mar.  4).  This  law  pro- 
vided that  no  candidate's  name  should  be  placed  on  the  ballot  as 
a  party  nominee  unless  such  candidate  had  been  nominated  in  ac- 
cordance with  its  provisions.  This  provision  repealed  (though  not 
explicitly)  parts  of  section  3652  of  the  Code  of  1892 ;  and  the 
corresponding  section  of  the  Code  of  1906  (§  4159)  has  been 
changed  to  harmonize  with  it. 

MISSOURI 

The  first  Australian  ballot  law  was  passed  in  1889  (p.  105,  May 
16;  included  in  the  Revised  Statutes  of  1889  as  ch.6o  art.3).  Tnis 
law  applied  only  to  cities  and  towns  of  over  5000  inhabitants.  It 
provided  for  a  "  party  column  "  ballot  with  no  special  method  of 
voting  a  straight  party  ticket.     The  voter  was  to  mark  the  ballot 


AMERICAN    BALLOT    LAWS,    1888-I9IO  4I 

by  erasing  the  names  of  all  the  candidates  except  those  for  whom 
he  wished  to  vote  and  all  answers  to  questions  except  those  which 
he  wished  to  give.  No  provision  was  made  in  this  act  for  the  print- 
ing of  constitutional  amendments  or  other  questions  submitted 
either  on  the  general  ballot  or  on  a  separate  ballot.  An  earlier  act 
passed  in  1881  (p.88)  had  prescribed  that  all  constitutional  amend- 
ments submitted  to  the  voters  at  any  one  election  should  be  printed 
on  the  same  ballot  but  had  not  specified  whether  or  not  this  bailor 
should  be  the  same  as  that  containing  the  names  of  candidates. 
This  act  of  1881  was  not  repealed  by  the  act  of  1889. 

In  189 1  (p. 1 33,  Apr.  4)  the  act  of  1889  was  amended  and  ex- 
tended so  as  to  apply  to  the  whole  state,  only  certain  local  elections 
being  exempted  from  its  provisions.  The  provisions  as  to  certifi- 
cates of  nomination,  the  printing  and  delivering  of  ballots  and  the 
conduct  of  the  election  were  slightly  amended  and  it  was  provided 
that  in  marking  his  ballot  the  voter  should  first  erase,  by  drawing 
lines  through  them,  the  party  groups  of  candidates  for  which  he 
did  not  wish  to  vote,  and  should  then,  if  he  desired  to  split  his  vote, 
strike  out  the  na  res  of  any  candidates  in  the  remaining  group 
whom  he  did  not  wish  to  vote  for  and  insert  other  names  below 
them. 

In  1893  (p. 1 53,  Apr.  18)  the  method  of  erasing  any  party  group 
on  the  ballot  was  more  clearly  specified,  and  the  provisions  as  to 
filing  certificates  of  nomination  were  amended.  Further  slight 
changes  as  to  the  number  and  delivery  of  ballots  were  made  by  two 
other  acts  ('93  p.  152,  Apr.  7;  p.  153,  Mar.  28). 

In  18^5  (p. 1 70,  Mar.  16)  the  law  was  amended  so  as  not  to  apply 
to  elections  in  cities  of  the  fourth  class  or  in  cities  of  under  3000 
inhabitants  existing  under  any  special  law  or  in  villages.  Another 
^ct  ('95  p.  1 70,  Apr.  11)  amended  the  provisions  in  regard  to  the 
printing  of  ballots  for  constitutional  amendments  but  did  not  ex- 
plicitly state  whether  these  ballots  should  be  separate  from  those 
containing  the  names  of  candidates.  (An  inspection  of  the  ballots 
themselves,  however,  shows  that  under  this  law,  which  was  in 
force  November  8,  19 10,  the  ballots  for  constitutional  amendments 
were  separate  from  those  for  candidates). 

In  1897  (p.107,  Mar.  16)  the  "blanket"  form  of  ballot  was 
abolished  and  separate  official  ballots  for  each  party  were  provided 
for.  Each  voter  was  to  be  given  a  complete  set  of  ballots  pinned 
together  at  the  top  and  was  to  take  them  with  him  to  the  voting 
booth,  prepare  the  one  which  he  wished  to  vote  by  erasing  any 
names  thereon,  if  he  so  desired,  and  substituting  others,  fold  all  of 


42  •  NEW    YORK    STATE    LIBRARY 

the  ballots  alike  and  return  them  all  to  the  judges.  The  ballot  which 
he  had  voted  was  then  to  be  deposited  in  one  ballot-box  and  all  the 
rest  in  another.  The  judges  were  to  write  their  initials  on  the  back 
of  every  ballot  before  delivering  the  same  to  a  voter  and  as  each 
ballot  was  deposited  in  the  ballot-box  the  voter's  number  from  the 
poll-list  was  to  be  written  on  the  back. 

In  1899  (p.  199,  Mar.  25;  p.200,  May  18)  the  provisions  in  regard 
to  certificates  of  nomination  were  amended.  By  another  act  of  the 
same  year  (p. 201,  May  18)  it  was  provided  that  the  printing  and 
distribution  of  ballots  and  cards  of  instruction  and  the  publication 
of  lists  of  nominations  to  office  should  be  done  under  the  direction 
of  the  county  courts  of  the  several  counties. 

In  1901  (p.  144,  Mar.  14)  a  slight  amendment  was  adopted  in  re- 
gard to  the  use  of  party  names  on  the  ballot. 

In  1909  (p.492,  June  14)  the  form  of  ballot  for  constitutional 
amendments  was  altered  by  providing  that  the  full  text,  and  not 
merely  the  substance,  of  each  amendment  should  be  printed  on  the 
ballot.  It  was  also  provided  that  all  other  questions  submitted  to 
popular  vote  at  the  general  election  should  be  printed  on  the  same 
ballot  as  constitutional  amendments. 

In  the  same  year  ('09  p.  5  54  §  6,  June  12)  it  was  provided  that 
the  secretary  of  state  should  certify  to  the  several  county  clerks 
a  number  and  ballot  title  for  every  measure  proposed  by  initiative 
petition  or  by  referendum,  and  that  such  measures  should  be  printed 
by  such  titles  and  voted  on  in  the  manner  then  provided  or  which 
should  thereafter  be  provided  by  law  for  voting  on  other  measures 
submitted  to  popular  vote. 

MONTANA 

The  first  Australian  ballot  law  was  adopted  in  1889  (p.  135,  Mar. 
13).  This  act  provided  for  the  "  office  group  "  form  of  ballot  with 
a  special  method,  however,  of  voting  a  straight  party  ticket.  The 
names  of  the  candidates  were  to  be  arranged  in  alphabetical  order 
under  the  title  of  each  office,  each  followed  by  the  name  of  the 
party  by  which  the  candidate  had  been  nominated.  Constitutional 
amendments  and  other  questions  submitted  were  to  be  printed  on 
the  general  ballot.  There  was  no  limitation  as  to  the  number  of 
times  a  candidate's  name  might  be  printed  on  the  ballot.  No  de- 
tachable stubs  or  system  of  numbering  the  ballots  were  provided  for. 

In  1895  (Pol.  C.  '95  nt3  tit.2  ch.5  §  1273,  ch.9;  not  printed 
in  the  session  laws  of  1895 ;  acts  approved  March  14  and  19)  this 
act  was   amended   in   several   important  particulars.     The   "  office 


AMERICAN    BALLOT   LAWS,    1888-I9IO  43 

group  "  form  of  ballot  was  abandoned  and  the  **  party  column  " 
form  with  special  circles  for  voting  a  straight  party  ticket  adopted. 
The  order  of  the  several  ''  party  columns  "  was  left  to  the  authori- 
ties charged  with  furnishing  the  ballots  (Act  app.  Mar.  19).  The 
method  of  nomination  by  certificates  signed  by  independent  voters 
was  also  amended  (Act  app.  Mar.  14),  and  provision  was  made 
for  the  posting  of  sample  ballots  in  the  polling  places. 

In  1901  (p.117,  Mar.  7)  the  law  was  again  amended.  The 
special  provision  for  voting  a  straight  party  ticket  was  stricken 
out  and  the  rules  for  marking  the  ballot  were  altered  to  corre- 
spond with  this  change.  The  voter  was  forbidden  to  bring  with 
him  into  the  voting  booth  any  unofficial  sample  ballot  to  assist 
him  in  marking  his  own  ballot,  and  a  number  of  additional  safe- 
guards were  thrown  around  the  handling  of  the  ballots  on  election 
day  and  the  conduct  of  the  election. 

In  1907  (ch.88  p.2io,  passed  over  the  governor's  veto  Mar.  4)  it 
was  provided  that  no  candidate's  name  should  appear  on  the  ballot 
in  more  than  one  column.  Detachable  numbered  stubs  were  also 
provided  for.  The  provision  as  to  the  printing  of  constitutional 
amendments  and  other  questions  was  also  altered  and  certain  other 
sections  were  amended  to  conform  to  these  changes. 

In  the  same  year  ('07  ch.i68.  Mar.  8)  the  use  of  voting  machines 
of  any  type  approved  by  a  state  board  of  voting  machine  commis- 
sioners and  complying  with  the  act  itself  was  made  mandatory  in 
cities  and  counties  of  the  first  class  and  optional  elsewhere  through- 
out the  state. 

By  still  another  act  ('07  ch.62  §  5-6,  Mar.  2)  separate  ballot- 
were  provided  for  for  questions  submitted  by  initiative  and  refer- 
endum. 

In   1909   (ch.113,  Mar.  8)   it  was  provided  that  candidates  for 
judicial  offices  should  be  nominated  only  by  petition  and  that  the 
names  of  judicial  candidates  otherwise  nominated  should  not  be 
^printed  on  the  official  ballots. 

By  another  act  ('09  ch.99.  Mar.  6)  the  voting  machine  law  was 
considerably  amended. 

NEBRASKA 

The  first  Australian  ballot  law  was  adopted  in  1891  (ch.24,  Mar. 
4).  It  provided  for  the  "office  group"  form  of  ballot  with  no 
special  method  of  voting  a  straight  party  ticket.  The  names  of 
the  candidates  were  to  be  arranged  alphabetically  under  the  title  of 
each  office.  Constitutional  amendments  and  other  questions  sub- 
mitted were  to  be  printed  on  the  general  ballot. 


44  NEW  YORK  STATE  LIBRARY 

In  1895  (ch.5,  Apr.  8)  it  was  provided  that  there  should  be  a 
separate  ballot  for  constitutional  amendments  and  other  questions 
whenever  more  than  one  amendment  or  question  was  submitted  to 
the  voters  at  any  election. 

In  November,  1896,  an  amendment  to  article  7  section  6  of  the 
Constitution  of  1875,  authorizing  the  use  of  voting  machines,  was 
rejected  by  the  people  ('95  ch.114,  Mar.  29). 

In  1897  (ch..3i,  became  law  without  the  governor's  signature 
after  the  end  of  the  session,  May  10)  the  act  of  1891  (as  embodied 
in  the  Compiled  Statutes  of  Nebraska  for  1895)  was  wholly  re- 
pealed and  re-enacted  with  important  amendments.  The  "  office 
group  "  form  of  ballot  was  abandoned  and  the  "  party  column "  j 
form  of  ballot  was  adopted  with  emblems  and  with  special  "  party 
circles "  for  voting  a  straight  ticket.  The  columns  were  to  be 
arranged  from  left  to  right  according  to  the  size  of  the  votes  of 
the  several  parties  at  the  last  preceding  election,  but  the  petition 
column  was  always  to  be  placed  at  the  extreme  right.  Questions 
submitted  were  to  be  placed  on  the  regular  ballot. 

In  1899  (ch.26,  Apr.  5)  this  law  was  amended.  The  "party 
column  "  form  of  ballot  was  abandoned,  and  the  "  office  group  " 
form  again  adopted,  with  no  special  method  of  voting  a  straight 
ticket.  The  names  of  the  candidates  of  the  several  parties  were  to 
be  arranged  under  the  title  of  each  office  according  to  the  size  of 
the  vote  cast  by  each  party  at  the  preceding  election.  The  pro- 
visions governing  nominations  and  certificates  of  nomination  were 
also  amended.  When  any  candidate  was  nominated  by  two  or  more 
parties,  the  titles  of  all  such  parties  were  to  be  printed  after  his 
name  on  the  ballot. 

In  the  same  year  ('99  ch.29,  Apr.  i)  "party  circles"  for  voting 
a  straight  ticket  were  readopted,  the  "  office  group  "  form  of  ballot, 
however,  being  in  other  respects  retained.  It  was  provided  that 
constitutional  amendments  were  to  be  printed  on  the  general  ballot 
and  that  the  name  of  any  party  which  had  officially  indorsed  or 
opposed  any  amendment  should  be  printed  beneath  it  opposite  the 
word  "  Yes  "  or  "  No  "  as  the  case  might  be.  Other  changes  in 
regard  to  certificates  of  nomination  and  the  conduct  of  the  election 
were  also  made. 

In  1903  (ch.41,  Apr.  10)  it  was  provided  that  in  precincts  con- 
taining more  than  one  road  district  each  elector  should  vote  only 
for  the  overseer  of  the  district  in  which  he  lived  and  that  the 
judges  should  cross  out  the  other  name  or  names  for  which  he  was 


AMERICAN   BALLOT   LAWS,    1888-I9IO  45 

not  entitled  to  vote,  before  handing  him  his  ballot.  The  position  of 
constitutional  amendments  and  other  questions  on  the  ballot  was 
also  altered. 

In  1905  (ch.67,  Apr.  i)  the  voting  machine  act  of  1899  was 
repealed  and  re-enacted  in  different  form.  A  state  board  of  voting 
machine  commissioners  was  provided  for  and  the  use  of  any  ma- 
chine approved  by  them  and  complying  with  the  terms  of  the 
act  itself  was  authorized  whenever  a  local  governing  body  chose 
to  adopt  it. 

In  1909  (ch.53,  Apr.  5)  it  was  provided  that  candidates  for 
judicial  and  educational  offices  should  not  be  ''  nominated,  indorsed, 
recommended,  censured,  criticised  or  referred  to  by  any  political 
party  in  any  manner  whatsoever,  nor  shall  any  candidate  for  any 
of  said  offices  be  in  any  manner  designated  by  any  party  name, 
emblem,  or  designation  of  any  kind  whatsoever  ..."  Candi- 
dates for  these  offices  were  to  be  nominated  only  by  petition,  and 
their  names  were  to  be  printed  on  a  separate  ballot,  known  as  the 
"  official  non-partisan  ballot."  The  names  of  candidates  for  each 
office  were  to  be  arranged  under  the  title  of  the  office  in  rotation, 
so  that  the  name  of  each  candidate  should  appear  in  each  position 
on  the  same  number  of  ballots  as  that  of  each  other  candidate. 

This  act,  however,  was  declared  unconstitutional  by  the  supreme 
court  (State  v.  Junkin,  85  Neb.  i;  122  N.  W.  473)  on  August 
18,  1909. 

NEVADA 

The  first  Australian  ballot  law  was  adopted  in  1891  (ch.40.  Mar. 
13).  It  provided  for  the  "office  group"  form  of  ballot  with  no 
special  method  of  voting  a  straight  party  ticket.  The  names  of  the 
candidates  were  to  be  arranged  in  alphabetical  order  under  the 
title  of  each  office,  each  candidate's  name  being  followed  by  his 
party  designation.  Except  for  the  amendments  noted  below,  this 
act  is  still  in  force. 

In  the  same  year  ('91  ch.75.  Mar.  19)  a  slight  amendment  in 
regard  to  the  filing  of  certificates  of  nomination  was  adopted. 

In  1893  (ch.io6.  Mar.  6)  the  method  of  making  independent 
nominations  was  altered,  the  provisions  as  to  the  filing  of  certificates 
of  nomination  were  again  amended  and  slight  changes  were  made 
in  regard  to  the  certification  of  state  nominations  by  the  secretary 
of  state  to  the  county  clerks  and  in  regard  to  the  method  of  printing 
the  official  ballot. 


46  NEW   YORK    STATE   LIBRARY 

In  1899  (ch.83,  Mar.  14)  the  number  of  ballots  to  be  provided 
for  each  polling  place  was  altered.  Another  act  ('99  ch.75,  Mar. 
14)  slightly  amended  the  method  of  printing  the  ballots. 

In  1901  (ch.ioo,  Mar.  21)  the  rules  for  marking  the  ballot  were 
slightly  amended. 

NEW  HAMPSHIRE 

The  first  Australian  ballot  law  was  adopted  in  1891  (ch.49,  Apr. 
10).  It  provided  for  an  "office  group"  form  of  ballot  with  no 
special  method  of  voting  a  straight  party  ticket.  The  names  of 
the  candidates  were  to  be  arranged  in  alphabetical  order  under  the 
title  of  each  office.  Each  candidate's  name  was  to  be  followed  by 
his  party  or  political  designation;  that  of  a  candidate  nominated 
by  petition  was  to  be  followed  by  the  words  "  nomination  paper." 
Constitutional  amendments  and  other  questions  submitted  were  to 
be  printed  on  the  general  ballot. 

In  1897  (ch.78,  Mar.  24)  this  act  was  amended.  The  ''  office 
group  "  form  of  ballot  was  abandoned  and  the  "  party  column  "' 
form  with  emblems  and  with  a  special  method  of  voting  a  straight 
party  ticket  was  adopted.  In  certain  respects  the  act  of  1891  was 
left  unaltered.  The  act  of  1897  remains  in  force  at  the  present 
time. 

NEW  JERSEY 

No  Australian  ballot  law  providing  for  an  official  *'  blanket " 
ballot  has  yet  been  adopted  in  New  Jersey. 

In  1890  (ch.231,  May  28)  there  was  adopted  a  "  ballot  reform 
law  "  which  provided  for  the  printing  and  distribution  of  ballots 
at  public  expense,  the  ballots,  however,  being  separate  for  each 
party.  Each  ballot  was  to  contain,  under  the  name  or  title  of 
the  party  or  under  the  words  "  independent  nominations,"  the 
names  of  all  the  candidates  nominated  by  such  party  or  group  of 
voters  and  no  other  mark,  word,  device  or  figure  of  any  sort. 
Official  envelopes  were  also  provided  for  with  the  same  official 
indorsement  on  the  face  as  that  on  the  back  of  the  official  ballot. 
These  envelopes  were  to  be  obtainable  by  the  voters  only  from  the 
election  officers  at  the  polls  on  election  day.  Official  ballots,  on 
the  other  hand,  could  be  obtained  from  the  officers  charged  with 
having  them  printed,  in  lots  of  fifty  or  more,  on  application  by  any 
voter  at  least  ten  days  before  the  election  and  on  prepayment  of 
the  cost  of  printing ;  and  the  ballots  so  obtained  could  be  distributed 
to  the  voters  for  use  in  place  of  those  given  out  at  the  polls  on 
election   day.     Questions   and   propositions   submitted   were   to  be 


AMERICAN    BALLOT   LAWS,    1888-I9IO  47 

printed  on  the  general  ballot.  A  voter  could  erase  any  name  on 
the  ballot  and  write  in  another  or  substitute  another  name  by 
means  of  a  paster  before  coming  to  the  polls.  Ballots  could  also 
be  obtained  in  each  voting  booth  and  there  marked  if  the  voter 
so  preferred.  In  any  case  the  voter,  while  in  the  voting  booth, 
was  to  inclose  his  ballot  in  an  official  enveloi>e,  which  was  to  be 
returned  unsealed  to  the  election  officers  to  be  deposited  in  the 
ballot-box.  Although  this  law  has  since  been  amended  and  re- 
enacted,  its  provisions  are  almost  the  same  as  those  of  the  present 
law. 

In  1891  (ch.128.  Mar.  23)  the  provisions  in  regard  to  official 
envelopes  were  slightly  amended,  and  the  procedure  at  town  meet- 
ings was  regulated. 

In  1892  (ch.68.  Mar.  15)  the  provisions  in  regard  to  the  filing 
of  certificates  of  nomination  and  to  the  form  of  the  official  ballots 
were  slightly  amended.  The  time  for  applying  for  and  receiving 
ballots  for  distribution  in  advance  was  altered. 

In  1893  (ch.238,  Mar.  17)  the  percentage  of  the  total  vote  cast 
at  the  preceding  election  necessary  to  constitute  a  political  party 
within  the  legal  definition,  was  changed  from  five  per  cent  to  two 
per  cent,  the  method  of  making  nominations  by  petition  was 
amended,  the  form  of  the  official  indorsement  on  the  backs  of  the 
ballots  was  slightly  altered,  and  the  number  of  ballots  to  be  pro- 
vided for  each  election  district  was  changed. 

In  1897  (ch.i8,  Mar.  9)  it  was  provided  that  the  official  envel- 
opes should  be  of  blue  paper  and  all  exactly  similar. 

In  1898  (ch.139,  Apr.  4)  all  the  previous  laws  relating  to  the 
subjects  of  this  digest  were  repealed,  and  re-enacted  in  the  revised 
election  law  of  that  year.  Practically  no  important  changes  were 
made  in  the  substance  of  this  part  of  the  law,  but  its  application 
was  restricted  to  general  elections  and  to  local  charter,  municipal 
and  special  elections  in  cities  (local  etc.,  elections  elsewhere  than 
in  cities  being  exempted  from  its  provisions).  A  very  similar  set 
of  rules,  however,  was  provided  for  such  other  elections. 

In  1900  (ch.114,  Mar.  23)  the  method  of  printing  on  the  ballot 
questions  and  propositions  submitted  to  popular  vote  was  slightly 
amended;  also  the  rules  for  marking  the  same. 

In  190T  (ch.T55,  Mar.  22)  the  application  of  the  provisions  of 
the  act  of  1898  governing  the  subjects  dealt  with  in  this  digest 
was  extended  to  charter,  local,  municipal  and  special  elections  in 
all  the  towns  of  the  state,  as  well  as  in  the  cities. 


48  NEW    YORK    STATE    LIBRARY 

In  1902  (ch.70,  Apr.  i)  these  same  provisions  of  the  act  of 
1898  were  made  applicable  to  all  charter,  local,  municipal  and 
special  elections  in  municipalities  of  any  sort  having  a  population 
of  over  8000. 

In  the  same  year  ('02  ch.205,  Apr.  9)  an  act  was  passed  author- 
izing the  adoption,  for  use  in  any  election  district  at  any  election, 
by  the  governing  body  of  any  county,  city,  town,  etc.,  of  any  type 
of  voting  machine  approved  by  a  state  board  of  voting  machine 
commissioners  created  by  the  act. 

In  1903  this  voting  machine  act  was  amended  several  times  (ch. 
87,  Mar.  25;  ch.171,  Apr.  8;  ch.193,  Apr.  8),  and  the  provisions 
of  the  act  of  1898  in  regard  to  the  filing  of  certificates  of  nomina- 
tion were  also  amended   (ch.259,  Apr.   14). 

In  1904  (ch.242,  Apr.  5)  the  method  of  filing  certificates  of 
nomination  was  again  amended. 

In  1905  (ch.215,  Apr.  28)  a  new  voting  machine  law  was  en- 
acted authorizing  the  purchase  by  the  state  board  of  voting  machine 
commissioners  of  any  voting  machines  approved  by  them  and  com- 
plying with  the  requirements  of  the  act  itself  and  the  distribution 
of  such  machines  by  the  secretary  of  state  to  any  election  districts 
for  use  at  all  elections.  The  governing  body  of  any  county  might 
also  purchase  voting  machines  for  use  in  any  election  districts  in 
the  county. 

In  1906  (ch.234,  May  16)  it  was  provided  that  the  officer  print- 
ing the  ballots  should  print  a  full  list  of  offices  on  each  ballot, 
whether  or  not  a  given  party  had  nominated  a  full  list  of 
candidates. 

In  1908  (ch.163,  Apr.  10)  the  voting  machine  act  of  1905  was 
amended  to  provide  for  a  special  election  in  any  election  district 
on  petition  of  25  per  cent  of  the  registered  voters  of  such  district, 
to  pass  upon  the  question  whether  or  not  voting  machines  should 
continue  to  be  used. 

In  1910  (ch.78,  Apr.  i)  the  provisions  in  regard  to  the  distribu- 
tion of  ballots  by  municipal  clerks  were  amended.  In  the  same 
year  ('10  ch.84,  Apr.  i)  the  form  of  ballot  was  slightly  ajtered  by 
a  provision  that  the  term  for  which  each  officer  was  to  be  elected 
should  be  indicated,  if  at  all,  on  a  separate  line  below  the  title  of 
the  office.  The  provisions  in  regard  to  voting  machines  were  also 
slightly  amended  ('10  ch.284,  Apr.  12). 


AMERICAN    r.ALLOT    LAWS,    1888-I9IO  49 

NEW  MEXICO 

Up  to  1905  no  law  was  passed  in  New  Mexico  providing  for 
official  ballots  and  even  since  then  no  complete  Australian  ballot 
law  has  been  adopted. 

In  1889  (ch.135,  Feb.  28)  a  law  was  adopted  regulating  the 
form  of  ballot  more  strictly  than  theretofore.  The  size  and  qual- 
ity of  paper  were  prescribed  and  it  was  provided  that  there  should 
be  no  mark  or  designating  device  on  the  back  which  could  be  seen 
when  the  ballot  was  folded.  Emblems  for  each  of  the  several 
party  ballots  were  provided  for  and  only  the  names  of  the  candi- 
dates regularly  nominated  by  each  party  could  be  lawfully  placed 
thereunder.  A  voter,  however,  could  erase  any  name  and  substi- 
tute another  or  could  have  someone  else  do  this  for  him.  False 
or  misleading  ballots  were  forbidden. 

In  1891  (ch.85,  Feb.  26)  section  2  of  this  act  was  amended  by 
striking  out  the  provision  that  it  should  be  unlawful  for  any  per- 
son to  print,  circulate  or  have  in  his  possession  any  ballot  contain- 
ing the  names  of  any  persons  as  candidates  of  a  party  who  had 
not  been  duly  nominated  by  such  party,  and  the  proviso  that  this 
should  not  be  construed  to  prevent  a  voter  from  erasing  any  names 
on  the  ballot  which  he  actually  voted  and  substituting  other  names 
or  from  having  someone  else  do  this  for  him.  The  prohibition 
against  false  or  misleading  ballots  was,  however,  left  unchanged 
and  it  was  provided  that  no  ballot  should  have  printed  on  the  back 
any  mark  or  number  or  designating  device. 

In  1893  (ch.76,  Feb.  23)  the  method  of  numbering  the  ballots 
themselves  and  of  marking  the  number  of  each  ballot  opposite  the 
name  of  the  voter  on  the  poll-book,  was  abolished. 

In  1903  (ch.59.  Mar.  14)  the  law  was  again  amended  and  the 
method  of  choosing  an  emblem  and  the  printing  of  the  ballots  by 
the  several  parties  were  more  strictly  regulated  to  prevent  the 
circulation  of  false  or  misleading  ballots. 

In  1905  (ch.127.  Mar.  16)  the  law  of  1903  was  repealed,  and 
the  present  law  enacted. 

In  1909  (ch.105,  Mar.  18)  the  section  of  the  law  of  1905  prescrib- 
ing the  form  of  ballot  for  general  elections  was  amended  so  as  not 
to  apply  to  elections  of  justices  of  the  peace  or  school  directors. 


50  ^EW    YORK    STATE    LIBRARY 

NEW  YORK 

Until  1895  no  real  Australian  ballot  law  was  adopted  in  New 
York  State. 

In  1890  (ch.262,  May  2)  a  law  was  adopted  providing  for  sepa- 
rate official  ballots  for  each  party  or  independent  group.  Eacii 
such  ballot  was  to  contain  only  the  names  of  the  candidates  nomi- 
nated by  one  party  or  group,  but  no  party  names  or  captions  were 
to  appear.  Blank  ballots  were  also  to  be  furnished  containing  only 
the  titles  of  the  offices  to  be  voted  for.  Each  ballot  was  to  have  a 
detachable  stub  and  the  stubs  of  each  class  of  ballots  were  to  be 
numbered  consecutively.  The  ballots  were  obtainable  by  the  voters 
only  from  the  election  officers  at  the  polls  on  election  day.  When- 
ever a  candidate  was  nominated  to  fill  a  vacancy  too  late  to  have 
his  name  printed  on  the  official  ballots,  unofficial  ballots  could  be 
provided  by  the  voters  themselves  and  cast  for  him.  As  each  set 
of  official  ballots  was  delivered  to  a  voter,  the  stub  numbers  were 
entered  opposite  his  name  on  the  poll-books  and  two  of  the  elec- 
tion officers  wrote  their  initials  on  the  stub  of  each  ballot.  After 
preparing  the  ballot  which  he  intended  to  vote  the  voter  folded  all 
his  ballots  alike  and  returned  them  to  the  election  officers,  who 
deposited  the  voted  ballot  in  one  box  and  the  unvoted  ballots  in 
another,  after  removing  the  stubs  from  all  of  them. 

In  189 1  (ch.296,  Apr.  29)  this  act  was  somewhat  amended. 
Changes  were  made  in  the  method  of  making  and  filing  certificates 
of  nomination  and  in  regard  to  the  number  of  ballots  to  be  pro- 
vided for  each  election  district,  the  method  of  furnishing  official 
ballots  and  delivering  them  to  local  authorities,  the  conduct  of 
elections  and  the  rules  for  marking  the  ballots.  The  section  deal- 
ing with  the  form  of  ballot  was  amended  by  providing  that  a 
candidate's  name  was  not  to  be  printed  on  the  ballots  if  he  had 
withdrawn  within  a  specified  period,  that  the  numbering  of  the 
ballots  should  be  on  the  backs  thereof  and  that  the  method  of 
folding  the  ballots  should  be  slightly  altered.  A  few  further 
changes  in  the  form  and  wording  of  this  section  were  also  made. 
The  initialing  of  ballots  by  the  election  officers  before  their  de- 
livery to  the  voters  was  abandoned. 

In  1892  the  whole  election  law  was  codified  and  re-enacted  ('92 
ch.68o.  May  18)  as  chapter  6  of  the  "  General  Laws  "  enacted  in 
that  year.  The  definition  of  a  political  party  contained  in  the  law 
of   1890  was  omitted  and  the  provisions  in  regard  to  the  making 


AMERICAN    BALLOT    LAWS,    1888-I9IO  51 

and  filing  of  certificates  of  nomination,  as  amended  in  1891,  were 
again  altered  in  certain  details.  The  form  of  ballot  was  slightly- 
changed  by  the  pnwision  that  after  the  names  of  candidates  for 
the  same  office  but  for  different  terms,  should  be  printed  the 
terms  for  which  they  were  to  be  elected.  The  number  of  sample 
ballots  to  be  furnished  was  also  specified  and  their  form  more 
fully  prescribed.  The  provisions  as  to  the  date  on  which  official 
ballots  were  to  be  ready  and  those  as  to  the  form  and  use  of 
paster  ballots  were  also  altered.  It  was  provided  that  there  should 
be  two  kinds  of  ballots  for  each  constitutional  amendment  or  other 
question  submitted,  both  alike  on  the  outside,  one  for  an  affirma- 
tive and  one  for  a  negative  vote  on  such  amendment  or  question. 
In  general,  few  changes  were  made  in  the  substance  of  the  existing 
law,  but  its  form  was  entirely  recast  and  it  was  considerably 
simplified  and  shortened. 

In  the  same  year  ('92  ch.127,  Mar.  15)  the  use  of  the  "  Myers 
Automatic  Ballot-Cabinet "  (or  voting  machine)  was  authorized 
for  elections  of  town  officers  in  all  towns  in  the  state  if  approved 
by  the  town  board. 

In  1893  (ch.82,  Mar.  i)  this  latter  act  was  re-enacted  as  section 
42  of  the  town  law. 

In  1894  (ch.764,  765,  May  24)  the  use  of  the  "  Myers  Automatic 
Ballot-Cabinet "  by  all  cities  except  New  York  and  Brooklyn  was 
authorized  on  adoption  by  the  common  council;  and  the  board  of 
supervisors  of  any  county  in  which  one-half  or  more  of  the  towns 
had  adopted  this  machine  might  provide  for  its  use  in  these  towns 
or  others  thereafter  adopting  it.  Certain  further  regulations  as 
to  its  use  were  prescribed  by  law.  Towns  and  villages  were  au- 
thorized to  adopt  such  machines  for  use  at  all  elections,  no  par- 
ticular make  being  specified. 

In  1895  (ch.73,  Mar.  5;  ch.158.  Mar.  2)  these  two  acts  of  1894 
in  regard  to  voting  machines  were  amended. 

In  the  same  year  ('95  ch.8io,  May  29)  the  general  election  law 
as  codified  in  1892  was  also  amended.  A  "  blanket "  ballot  of 
the  "  party  column "  form  was  provided  for  with  special  circles 
for  voting  a  straight  party  ticket.  The  order  of  the  columns  was^ 
left  to  the  secretary  of  state  to  arrange ;  precedence,  however,  was 
to  be  given  to  the  party  which  had  polled  the  largest  number  of 
votes  for  the  head  of  the  ticket  at  the  last  preceding  election.  A 
blank  column  for  writing  in  names  was  provided  for.  In  columns 
containing  independent  nominations  there  were  to  be  no   "  party 


52  NEW    YORK    STATE    LIBRARY 

circles."  A  separate  ballot  was  to  be  provided  for  all  constitutional 
amendments  and  other  questions  submitted.  The  use  of  pasters 
or  paster  ballots  by  the  voters  was  entirely  abolished  and  rules  for 
marking  the  ballot  were  adopted  practically  identical  with  those 
now  in  force.  The  method  of  certifying  party  and  independent 
nominations  was  also  amended. 

In  1896  (ch.909,  May  27)  the  whole  election  law  was  recodified 
and  re-enacted  as  chapter  6  of  the  General  Laws  and  the  laws  of 
1890,  1891,  1892  and  1895  were  repealed.  A  political  party  enti- 
tled to  nominate  by  convention  was  defined  as  one  which  had  cast 
10,000  votes  for  governor  at  the  last  preceding  election  and  the 
number  of  signatures  required  for  independent  certificates  of 
nomination  was  altered.  It  was  provided  that  "  party  circles " 
should  be  placed  above  the  columns  of  independent  nominations 
just  as  above  the  "  party  columns."  In  other  respects  the  existing 
law  was  merely  rearranged. 

In  the  same  year  ('96  ch.163,  Mar.  30)  the  act  of  1894  as  to 
the  use  of  the  "  Myers  Automatic  Ballot-Cabinet "  was  amended 
and  an  act  was  passed  allowing  towns  and  cities  to  adopt  the 
"Davis  Automatic  Ballot-Machine"  for  use  at  all  elections  (96 
ch.339,  Apr.  21). 

In  1897  (ch.379,  May  6)  the  method  of  filing  certificates  of 
nomination  was  amended ;  also  the  provision  as  to  the  distribution 
of  ballots.  The  application  of  the  election  law  was  also  slightly 
altered  ('97  ch.609,  May  19)  by  adding  to  the  elections  excepted 
from  its  provisions  elections  of  officers  of  fire  districts  outside  of 
cities  and  incorporated  villages,  and  by  providing  that  at  such  ex 
cepted  elections  "  any  form  of  ballot  which  may  be  adopted  and 
used  by  the  meeting  at  which  such  election  shall  be  had  shall  be 
legal." 

In  the  same  year  ('97  ch.449,  May  17)  the  adoption  of  the 
"  Boma  Automatic  Ballot-Machine  "  by  cities  and  towns  was  au- 
thorized, and  by  another  act  ('97  ch.450.  May  17)  a  state  board 
of  voting  machine  commissioners  was  created  to  examine  all  types 
of  voting  machines  submitted  and  to  report  to  the  secretary  of 
state  concerning  them. 

In  1898  (ch.335  §  5,  Apr.  20;  ch.363  §  9,  Apr.  20)  the  form  of 
certificates  of  nomination  and  the  method  of  filing  the  same  were 
amended  and  the  rules  for  marking  the  ballot  were  slightly 
altered. 


AMERICAN    BALLOT   LAWS,    1888-I91O  53 

In  the  same  year  ('98  ch.340,  Apr.  20)  the  act  of  1894  providing 
for  the  use  of  the  "  Myers  Automatic  Ballot-Cabinet "  was 
amended  and  by  another  act  ('98  ch.i68,  Mar.  29)  the  adoption 
of  the  "  Standard  Automatic  Voting  Machine  "  by  cities,  towns  or 
villages  was  authorized. 

In  1899  (ch.363,  Apr.  18)  the  method  of  certifying  independent 
nominations  and  the  provision  as  to  the  number  of  signatures  re- 
quired, were  amended. 
K  In  the  same  year  a  new  article  (art.7),  in  which  the  existing 
law  on  the  subject  of  voting  machines  was  systematized  and  re- 
enacted,  was  added  to  the  election  law.  Local  authorities  were 
authorized  to  adopt  any  type  of  machine  approved  by  the  state 
board  of  voting  machine  commissioners  or  speciallv  authorized  by 
law  for  use  at  any  or  all  elections.  Most  of  the  existing  special 
acts  were  repealed  ('99  ch.466). 

In  1900  (ch.381,  Apr.  11)  the  method  of  filing  certificates  of 
nomination  was  amended  and  the  form  of  ballot  for  constitutional 
amendments  and  other  questions  submitted  was  sHghtly  altered. 

In  1901  (ch.95,  Mar.  13;  ch.654.  May  3)  the  method  of  filing 
certificates  of  nomination  was  again  amended  and  the  form  of 
ballot  for  questions  submitted  was  slightly  altered  ('01  ch.598, 
Apr.  27).  By  another  act  ('01  ch.530,  Apr.  25)  the  law  in  regard 
to  voting  machines  was  amended. 

In  1902  (ch.176,  Mar.  18;  ch.241,  Mar.  26;  ch.405,  Apr.  7)  the 
method  of  filing  certificates  of  nomination  was  further  amended. 

In  1907  (ch.654,  July  20)  the  law  in  regard  to  voting  machines 
was  again  amended. 

In  1908  (ch.491.  May  23)  the  law  in  regard  to  voting  machines 
was  still  further  amended. 

In  1909  the  whole  election  law  was  consolidated  and  re-enacted 
as  chapter  17  of  the  Consolidated  Laws  ('09  ch.22,  Feb.  17).  It 
was  later  slightly  amended  in  regard  to  voting  machines  ('09  ch. 
465,  May  24). 

NORTH  CAROLINA 

Up  to  the  present  time  no  Australian  ballot  law  has  been  adopted 
in  North  Carolina,  except  a  local  act  applying  only  to  New  Han- 
over county. 

From  1889  to  1895  the  ballot  law  of  the  state  was  contained 
in  chapter  16,  vol.  2,  of  the  Code  of  1883  (§  2685-88).  These 
sections  provided  for  six  separate  ballots  for  different  officers,  or 
groups  of  officers,  as  follows:     (i)  state  officers;  (2)  members  of 


54  NEW    YORK    STATE    LIBRARY 

Congress  elected  by  districts;  (3)  members  of  Congress  (if  any) 
elected  at  large;  (4)  judicial  officers;  (5)  members  of  the  general 
assembly;  (6)  county  officers.  The  ballot  was  to  be  of  white  paper, 
might  be  printed  or  written  or  partly  printed  and  partly  written, 
and  was  to  be  without  device  of  any  sort.  In  practice  the  ballots 
were  unofficially  printed  and  distributed  and  were  merely  brought 
to  the  polls  by  the  voters  and  there  deposited. 

In  1895  (ch.159,  Mar.  8)  chapter  16,  vol.  2,  of  the  Code  of  1883 
and  all  subsequent  laws  relating  to  elections  were  repealed  and 
a  new  statute  enacted.  This  law  provided  that  there  should  be  but 
two  separate  ballots,  one  for  state  and  national  officers  and  another 
for  local  officers.  The  other  provisions  as  to  the  form  of  ballot,  etc., 
were  merely  re-enacted  from  the  earlier  code. 

In  1897  (ch.185,  Mar.  9)  this  act  was  amended  to  provide  for 
a  third  separate  ballot  for  township  officers  and  also  to  provide 
that  the  state  or  county  executive  committee  of  any  party  might 
.adopt  a  device  or  emblem  for  use  on  the  party  ballots,  and  that, 
upon  the  filing  of  such  device  with  the  proper  public  officer,  it 
should  be  unlawful  for  anyone  else  to  make  use  of  this  device  in 
any  way.  It  was  provided,  however,  that  nothing  in  this  law  con- 
tained should  be  construed  to  prevent  any  voter  from  erasing  any 
name  or  names  on  his  ballot  and  substituting  others  in  writing. 

In  1899  the  laws  of  1895  and  1897  were  repealed  ('99  ch.i6, 
Jan.  26)  and  a  new  election  law  was  enacted  ('99  ch.507.  Mar.  6). 
This  law  provided  for  five  separate  ballots  for  different  groups  of 
officers,  as  follows:  (i)  state  officers;  (2)  higher  judicial  officers; 
(3)  members  of  the  general  assembly;  (4)  county  officers;  (5) 
township  officers.  Nothing  was  said  definitely  about  members  of 
Congress  or  presidential  electors,  but  it  was  impHed  that  they  were 
to  be  voted  for  on  a  sixth  separate  ballot.  All  ballots  of  any  one 
kind  were  to  be  of  the  same  size  and  all  were  to  be  printed  on  white 
paper  without  ornament,  symbol  or  device  and  were  to  contain 
nothing  but  the  printed  names  of  the  candidates,  their  addresses, 
and  the  offices  for  which  they  were  nominated.  The  state  and 
county  boards  of  elections  were  to  prescribe  the  size  and  color  of 
the  paper  to  be  used  for  the  various  kinds  of  ballots,  to  notify  the 
state,  district  and  county  chairmen  of  the  several  political  parties 
in  regard  to  the  same,  and  to  provide  samples  of  paper  to  be 
furnished  by  designated  public  officers  upon  application.  The 
proviso  allowing  any  voter  to  alter  his  ballot  was  retained  and  he 
was  given  permission  to  do  so  by  the  use  of  pasters  as  well  as 
by  writing. 


AMERICAN    BALLOT   LAWS,    1888-I91O  55 

In  1901  (ch.89,  Mar.  14)  the  law  of  1899  and  all  other  laws  in 
conflict  with  this  act  were  repealed  and  the  election  law  now  in 
force  in  all  counties  of  the  state,  except  New  Hanover  county,  was 
enacted. 

In  1909  an  Australian  ballot  law  was  enacted  to  apply  only  to 
New  Hanover  county  ('09  ch.867.  Mar.  8).  It  provided  for  a 
"  party  column  "  form  of  ballot  with  special  circles  for  voting  a 
straight  party  ticket.  The  party  which  had  polled  the  largest  vote 
at  the  preceding  general  election  was  to  be  given  the  first  column 
at  the  left  of  the  ballot.  At  the  extreme  right  of  the  ballot  there 
was  to  be  a  blank  column  for  writing  in  names.  Constitutional 
amendments  were  to  be  printed  on  the  general  ballot  after  the  lists 
of  candidates.  Each  ballot  was  to  have  a  detachable  stub.  These 
stubs  were  to  be  consecutively  numbered  on  the  back  and  were  to 
contain  blank  spaces  for  the  name  of  the  voter  and  the  designation 
of  the  precinct.  Each  ballot  was  to  be  initialed  on  the  back  by  one 
of  the  election  officers  before  delivery  to  a  voter.  The  printing  and 
distribution  of  the  official  ballots  and  the  conduct  of  the  election 
were  provided  for  in  considerable  detail. 

NORTH  DAKOTA 

The  first  Australian  ballot  law  was  adopted  in  1891  (ch.66,  Mar. 
7).  It  provided  for  the  "office  group"  form  of  ballot  with  a 
special  method  of  voting  a  straight  party  ticket  by  means  of  a  cross 
(X)  mark  opposite  the  party  name  printed  at  the  top  of  the  ballot. 
(The  names  of  all  parties  which  had  polled  five  per  cent  of  the 
total  vote  at  the  last  preceding  election  were  so  printed.)  The 
names  of  the  candidates  were  arranged  in  alphabetical  order  under 
the  title  of  each  office,  each  candidate's  name  being  followed  by  that 
of  the  party  or  principle  which  he  represented.  Constitutional 
amendments  and  other  questions  submitted  were  printed  on  the 
general  ballot.  There  was  no  provision  limiting  the  number  of 
times  a  candidate's  name  might  appear  on  the  ballot  nor  were 
detachable  stubs  or  any  system  of  numbering  the  ballots  provided 
for. 

In  1893  (ch.6o.  Mar.  13)  this  law  was  amended.  The  "party 
column"  form  of  ballot  was  substituted  for  the  "office  group" 
form  and  no  special  method  of  voting  a  straight  party  ticket  was 
provided.  The  several  columns  were  to  be  arranged  in  the  same 
order  as  at  present. 


56  NEW    YORK    STATE   LIBRARY 

In  1895  in  the  Revised  Political  Code  enacted  in  that  year 
(R.  P.  C.  '95  ch.8)  certain  changes  were  made  in  the  form  of  the 
law. 

In  1897  (ch.76,  Mar.  9)  special  squares  were  added  for  voting 
a  straight  party  ticket  and  a  separate  ballot  was  provided  for  all 
constitutional  amendments  and  other  questions  submitted.  The 
present  provision  limiting  the  number  of  times  a  candidate's  name 
might  appear  on  the  ballot  was  also  introduced.  Separate  ballots 
were  to  be  provided  for  local  questions  submitted. 

In  1899  in  the  Revised  Political  Code  of  that  year  (R.  P.  C. 
'99  ch.8)  certain  changes  were  made  in  the  form  of  the  law. 

In  1 901  (ch.48,  Mar.  8)  an  amendment  was  passed  in  regard  to 
certificates  of  nomination  and  as  to  conflicts  between  two  or  more 
organizations  claiming  to  represent  the  same  party. 

In  1905  in  the  Revised  Political  Code  of  that  year  (R.  P.  C.  '05 
ch.8)  a  few  further  changes  were  made  in  the  form  of  the  law. 

In  1909  (ch.82,  Mar.  6)  it  was  provided  that  there  should  be  a 
separate  ballot  for  supreme  court  and  district  court  judges  and 
that  this  ballot  should  contain  no  party  designations  after  the  names 
of  the  candidates.  The  ballot  was  to  contain  only  the  names  of  the 
two  candidates  who  had  received  the  highest  vote  at  a  non-partisan 
primary  election. 

OHIO 

The  first  Australian  ballot  law  was  adopted  in  1891  (ex.  sess. 
p.449,  Apr.  30).  It  provided  for  a  "  party  column  "  form  of  ballot, 
with  a  special  method  of  voting  a  straight  party  ticket.  The  order 
of  the  several  columns  on  the  ballot  and,  indeed,  most  of  the  pro- 
visions of  this  act,  were  the  same  as  those  of  the  present  law. 
Constitutional  amendments  and  other  questions  submitted  were 
printed  on  the  general  ballot  after  the  lists  of  candidates. 

In  1892  (p.432,  Apr.  18)  this  act  was  amended.  A  regular 
"  party  circle  "  of  the  same  form  as  at  present  was  added  for  voting 
a  straight  party  ticket.  It  was  provided  that  constitutional  amend- 
ments and  other  questions  submitted  should  be  printed  on  separate 
ballots.  The  provisions  as  to  certificates  of  nomination  and  the 
rules  for  marking  the  ballot  were  also  amended. 

In  1893  (p. 263,  Apr.  25)  the  provisions  in  regard  to  the  filing 
of  certificates  of  nomination,  the  distribution  of  ballots,  and  the 
delivery  of  ballots  to  voters  at  the  polls,  were  amended. 

In  1894  (p. 1 18,  Apr.  5)  the  rules  for  marking  the  ballot  were 
amended,  and  by  two  other  acts  ('94  p.242.  May  15 ;  p.291,  May  18) 


AMERICAN    BALLOT   LAWS,    1888-I9IO  57 

the  provisions  as  to  the  printing  of  ballots  and  the  payments  thereof 
were  slightly  altered. 

In  1896  (p. 1 85,  Apr.  17)  it  was  provided  that  no  candidate's 
name  should  be  printed  on  the  ballot  in  more  than  one  column,  but 
members  of  school  boards  and  boards  of  education  were  exempted 
from  this  provision.  The  candidate,  if  nominated  by  two  or  more 
parties,  could  choose  in  which  column  his  name  was  to  be  printed, 
but  if  he  failed  to  do  so  it  was  to  be  put  under  the  emblem  of  the 
party  which  first  nominated  him. 

In  1898  the  provisions  in  regard  to  the  filing  of  certificates  of 
nomination  were  amended  ('98  p.93,  Apr.  8;  p.189,  Apr.  21).  By 
another  act  ('98  p.277,  Apr.  25)  the  adoption  of  voting  machines 
by  any  city,  village,  town,  precinct  or  other  civil  division  of  the 
state  by  a  majority  vote  at  a  special  election,  for  use  at  all  elections, 
was  authorized,  provided  the  type  of  machine  had  been  approved 
by  a  state  voting  machine  commission  created  by  this  act.^ 

In  1900  (p.308,  Apr.  16)  this  latter  act  was  slightly  amended  to 
provide  that  the  question  of  adopting  voting  machines  could  be 
submitted  at  any  general  election  as  well  as  at  a  special  election. 

In  1902  (p.419.  May  i)  the  voting  machine  law  was  again 
amended  to  provide  for  the  adoption  of  such  machines,  without 
the  submission  of  the  question  at  any  election,  on  petition  of  65 
per  cent  of  the  voters  of  the  political  division  in  question.  The 
other  method,  however,  was  also  retained. 

In  the  same  year  ('02  p.352.  May  2)  the  method  of  printing 
constitutional  amendments  on  the  ballot  was  altered,  and  the  several 
parties  were  allowed  to  take  official  action  for  or  against  any  amend- 
ment and  to  have  a  record  of  such  action  printed  in  the  "  party 
column  "  on  the  ballot  so  that  a  straight  ticket  vote  would  include 
a  vote  on  the  amendment. 

In  1904  (p. 185,  Apr.  23)  the  greater  part  of  the  election  law  was 
revised  and  re-enacted.  The  general  provisions  in  regard  to  the 
subjects  dealt  with  in  this  digest  were  retained  with  very  slight 
changes,  but  the  provision  limiting  the  nufiiber  of  times  that  a 
candidate's  name  might  appear  on  the  ballot  was  repealed  and  the 
method  of  filing  certificates  of  nomination  was  somewhat  amended. 

In  1906  (p.ii6.  Mar.  22)  separate  ballots  for  members  of  boards 
of  education  were  provided  for.  These  ballots  were  to  be  of  the 
"  office  group  "  form  and  were  to  contain  no  party  designations  of 
any  sort.  The  names  of  the  candidates  were  to  be  arranged  in 
rotation  on  the  ballots  so  that  each  candidate's  name  should  head 
the  list  an  equal  number  of  times. 

>This  act  has  been  declared  unconstitutional.     See  Part  3  A. 


5^  New    YORK    STATE   LIBRARY 

In  the  same  year  ('06  p.225-26,  became  law  without  governor's 
signature  Apr.  16)  the  provisions  in  regard  to  the  use  of  the  detach- 
able stubs  on  election  day  and  the  handling  of  the  ballots  were 
slightly  amended. 

In  1908  (p.  120,  Apr.  14)  it  was  provided  that  constitutional 
amendments  shoul-d  be  printed  in  the  first  column  at  the  left  of  the 
ballot  and  the  act  of  1902  providing  for  official  party  action  on 
any  amendment  was  repealed. 

In  the  same  year  (08  p.399,  May  9)  it  was  provided  that  at  local 
elections  the  ballots  for  township  officers  and  justices  of  the  peace 
should  be  separate  from  those  for  municipal  officers,  unless  the 
limits  of  the  township  and  the  municipality  should  coincide. 

In  1909  (p.8i,  Mar.  12)  it  was  provided  that  there  should  be  a 
separate  ballot,  similar  in  form  to  that  prescribed  by  the  act  of 
1905  for  members  of  boards  of  education  and  without  party  des- 
ignation of  any  sort,  for  the  election  of  assessors  of  real  property 
in  each  township. 

In  19TO  (p.34,  Mar.  17)  it  was  provided  that  the  printed  in 
dorsements  on  the  backs  of  the  separate  ballots  for  municipal  and 
township  officers,  members  of  boards  of  education  and  township 
assessors  of  real  property  should  contain  the  words  ''  official  mu- 
nicipal ballot,"  ''  official  township  ballot,"  "  official  board  of  edu- 
cation ballot  "  and  ''  official  assessors  of  real  property  ballot  "  re- 
spectively. 

In  the  same  year  ('10  p.169,  became  law  May  11  without  gov- 
ernor's signature)  it  was  provided  that  the  question  ''  Shall  there 
be  a  convention  to  revise,  alter  or  amend  the  constitution?"  should 
be  printed  in  the  first  column  of  the  general  ballot,  and  might  be 
acted  upon  by  the  several  parties,  so  that  a  straight  ticket  vote  for 
any  party  which  had  so  acted  should  include  a  vote  on  this  question. 

In  the  same  year  ('10  p.228,  May  13)  the  provision  in  regard  to 
the  number  of  official  ballots  to  be  provided  for  each  election  dis- 
trict was  amended. 

OKLAHOMA 

The  first  Australian  ballot  law  was  adopted  in  1890,  at  the  first 
session  of  the  territorial  legislature  after  the  establishment  of  Okla- 
homa as  a  separate  territory  (Statutes  of  1890,  compiled  from  the 
laws  passed  at  the  first  session  ended  December  24,  1890,  chapter 
33;  in  effect  March  i,  1891).  This  law  provided  for  a  "party 
column  "  form  of  ballot  with  emblems  and  with  special  squares  for 
voting  a  straight  party  ticket.     Two  separate    ballots    were    pro- 


AMERICAN    BALLOT   LAWS,    1888-I9IO  59 

vided  for,  one  red  for  territorial  offices  and  the  other  white  for 
county  offices.  The  several  columns  were  to  be  arranged  in  the 
following  order:  (i)  Democratic;  (2)  Republican;  (3)  People's 
party;  the  others  as  the  board  of  election  commissioners  furnishing 
the  ballots  should  determine.  Questions  submitted  to  popular  vote 
were  to  be  printed  on  the  general  ballot,  a  "  brief  statement "  of 
each  being  given.  Local  questions  were  to  be  printed  on  the  county 
ballot. 

In  1895  (ch.23,  Mar.  8)  this  law  was  amended.  It  was  pro- 
vided that  no  candidate's  name  should  appear  on  the  ballot  in  more 
than  one  column.  The  provisions  in  regard  to  the  filing  of  certifi- 
cates of  nomination  were  amended  and  the  order  of  the  several 
party  columns  was  changed,  so  that  the  Republican  column  should 
come  first  and  the  Democratic  second,  instead  of  vice  versa.  It 
was  also  provided  that  the  names  of  the  candidates  for  township 
offices  should  be  placed  at  the  foot  of  the  respective  columns  on 
the  county  tickets  under  the  heading  "  Township  officers." 

In  1897  (ch.14  art. I,  March  11)  the  election  law  was  radically 
amended.  The  "  party  column "  form  of  ballot  was  abandoned 
and  an  "  office  group  "  ballot,  with  no  special  method  of  voting 
a  straight  party  ticket  was  adopted.  The  names  of  the  candidates 
were  to  be  arranged  in  rotation  under  the  several  offices,  for  ex- 
ample, under  the  title  of  governor  the  order  of  the  candidates 
might  be  as  follows :  Republican,  Democratic,  People's  party. 
Prohibition ;  under  that  of  the  state  treasurer :  People's  party.  Pro- 
hibition, Republican,  Democratic,  and  so  on.  In  other  words,  all 
parties  were  to  be  assigned  each  position  as  nearly  as  possible 
under  an  equal  number  of  offices.  This  arrangement,  however, 
is  not  described  in  the  text,  but  appears  only  in  the  sample  form 
of  ballot  printed  therewith.  Each  candidate's  name  was  to  be  fol- 
lowed by  that  of  the  party  which  he  represented.  There  was  to  be 
but  one  ballot  for  all  officers,  territorial,  county  and  township.  The 
candidates  for  territorial  offices  were  arranged  in  one  column,  those 
for  county  offices  in  a  second  and  those  for  township  offices  in  a 
third.  The  limitation  as  to  the  number  of  times  that  a  candidate's 
name  might  appear  on  the  ballot  was  specifically  repealed  ('97  ch.14 
art.3,  Mar.  12).  The  provisions  as  to  the  filing  of  certificates  of 
nomination  were  also  amended. 

In  1899  ^  "^w  election  law  was  enacted  ('99  ch.13.  Mar.  10)  and 
all  acts  or  parts  of  acts  in  conflict  therewith  were  repealed.  The 
"  office   group "   form   of   ballot   was   abandoned  and  the  "  party 


6o  NEW    YORK    STATE    LIBRARY 

column  "  form,  with  emblems  and  with  a  special  method  of  voting 
a  straight  party  ticket,  rcadopted.  Several  ballots  for  territorial 
and  for  county  officers  were  again  provided  for  and  most  of  the 
provisions  of  the  law  of  1893  were  revived,  no  restriction  being 
made,  however,  as  to  the  number  of  times  a  candidate's  name 
might  appear  on  the  ballot. 

In  1905  (ch.17  art.i.  Mar.  2)  this  act  was  amended  to  provide 
that  no  candidate's  name  might  be  printed  in  more  than  one  column 
on  the  ballot.  If  a  candidate  were  nominated  by  two  or  more 
parties  he  might  choose  in  which  column  his  name  should  be 
printed,  but  if  he  failed  to  do  so  the  board  of  election  commis- 
sioners furnishing  the  ballots  was  to  decide.  The  order  of  the 
several  columns  was  to  be  as  follows:  (i)  Republican;  (2)  Demo- 
cratic; (3)  People's  party;  (4)  Socialist;  (5)  Prohibitionist;  the 
other  columns  as  the  board  of  election  commissioners  furnishing 
the  ballots  should  determine.  Regular  "  party  circles  "  for  voting 
a  straight  party  ticket  were  provided  for.  The  provisions  as  to 
the  filing  of  certificates  of  nomination  were  also  amended. 

In  1908  (ch.31  art. I,  May  29)  at  the  first  session  of  the 
state  legislature  a  complete  election  law  was  enacted  and  all  previ- 
ous laws  on  the  subject  of  elections  were  repealed.  The  new  law, 
however,  was  but  little  changed  from  that  of  1899  as  amended  in 
1905.  The  several  party  columns  were  to  be  printed,  Democratic 
first.  Republican  second,  and  the  others  in  such  order  as  the  state 
election  board  might  direct,  precedence,  however,  being  given  to 
the  party  which  polled  the  largest  vote  at  the  last  general  election. 
There  was  no  limitation  as  to  the  number  of  times  a  candidate's 
name  might  be  printed  on  the  ballot.  A  double  stub  system  was 
provided  somewhat  like  that  of  Kentucky.  There  were  to  be  sepa- 
rate county  ballots  for  local  officers. 

In  1909  (ch.i6  art. I,  Mar.  27)  most  of  chapter  31  article  i  of 
the  laws  of  1907-8  was  repealed  and  a  new  law  enacted.  The 
''  party  column "  form  of  ballot  was  again  abandoned  and  the 
"  office  group  "  form  readopted,  with  no  special  method  of  voting  a 
straight  party  ticket.  Under  this  law  no  emblems  or  party  names 
were  to  appear  anywhere  on  the  ballot.  The  county  election  board 
furnishing  the  ballots  was  to  have  "  power  to  classify  the  names 
of  candidates  for  each  office  in  each  group  in  such  manner  as  they 
may  deem  proper,"  but  no  special  arrangement  of  the  names  under 
the  title  of  each  office  was  prescribed  In  the  law  Itself.  There  was 
to  be  but  one  ballot  for  all  candidates,  state  and  local,  and  for  all 


AMERICAN    KALLOT    LAWS,    1888-I9IO  61 

measures  submitted  to  popular  vote.  The  latter  were  to  be  printed 
by  a  ballot  title. 

At  this  same  session  ('09  ch.i6  art. 2,  Mar.  13)  separate  ballots 
for  the  election  of  school  officers,  as  nearly  as  possible  in  the  form 
of  the  general  election  ballots,  were  provided  for. 

In  1910  (ch.iii,  Mar.  26)  the  election  law  of  1909  was  repealed 
and  still  another  law  enacted.  The  "  office  group  "  form  of  ballot 
was  again  abandoned,  and  the  "  party  column "  form,  with  em- 
blems and  with  special  circles  for  voting  a  straight  party  ticket, 
adopted.  One  ballot  on  tinted  paper  for  state  and  district  officers 
was  provided  for,  and  another  on  white  paper  for  county  and 
local  officers.  Constitutional  amendments  and  other  questions  sub- 
mitted were  to  be  printed  on  a  separate  ballot  by  ballot  titles  of 
not  over  100  words  ('10  <:h.66.  Mar.  17).  Certain  questions,  how- 
ever, were  to  be  printed  on  the  general  state  and  county  ballots. 
The  provisions  in  regard  to  nominations  were  amended.  No  de- 
tachable stubs  or  system  of  numbering  the  ballots  were  provided. 

OREGON 

The  first  Australian  ballot  law  was  adopted  in  1891  (p.8,  Feb. 
13)  and  applied  to  "all  general  or  special  elections  hereafter  held 
in  this  state."  It  provided  for  the  "  office  group  "  form  of  ballot 
with  no  special  provision  for  voting  a  straight  party  ticket.  The 
names  and  addresses  of  the  candidates  were  arranged  alphabeti- 
cally under  the  title  of  each  office  and  each  candidate's  name  was 
to  be  followed  by  the  names  of  all  the  parties  which  had  nomi- 
nated him  for  such  office.  All  the  names  were  to  be  consecutively 
numbered  beginning  at  the  upper  left-hand  comer  of  the  ballot 
with  no.  12.  Constitutional  amendments  and  other  questions  sub- 
mitted were  to  be  printed  on  the  general  ballot.  The  same  system 
of  double  stubs  as  at  present  was  also  provided  for. 

In  1895  (p.68,  Feb.  23)  the  form  of  ballot  was  slightly  altered 
and  the  present  arrangement  of  the  offices  in  groups  —  state, 
county,  precinct,  etc. —  was  adopted.  The  rules  for  marking  con- 
stitutional amendments  were  also  changed. 

In  1901  (p.349,  Feb.  28)  the  method  of  filing  certificates  of 
nomination  was  amended  and  the  Australian  ballot  law  was  specifi- 
cally applied  to  "  all  general,  special  and  presidential  elections 
held  in  this  state."  The  provisions  in  regard  to  marking  the  bal- 
lot were  also  amended. 

In  1903  (p.250,  Feb.  24)  the  Australian  ballot  law  was  applied 
to  all  city  and  town  elections  in  cities  and  towns  of  over  2000  in- 


62  NEW    YORK    STATE    LIBRARY 

habitants  and  the  duties  ordinarily  performed  by  tlie  county  clerk 
were,  in  the  case  of  municipal  elections,  imposed  upon  the  city 
recorder  or  the  city  or  town  clerk. 

In  1907  (p.398,  Feb.  25)  the  method  of  printing  on  the  official 
ballot  questions  referred  to  the  voters  by  initiative  or  referendum, 
was  prescribed.  A  "  ballot  title "  for  each  measure  was  to  be 
framed  by  the  attorney  general  and,  when  such  measures  were 
printed  on  the  ballot,  the  answers  to  all  of  them  (i.  e.  "Yes"  or 
"  No  ")  were  to  be  numbered  consecutively  beginning  with  num- 
ber 300. 

PENNSYLVANIA 

The  first  Australian  ballot  law  was  adopted  in  1891  (p. 349,  June 
19).  It  provided  for  a  mixed  form  of  ballot,  partly  "party 
column  "  and  partly  "  office  group,"  but  with  a  special  method  of 
voting  a  straight  party  ticket.  All  the  candidates  of  parties  which 
at  the  last  preceding  election  had  polled  at  least  three  per  cent  of 
the  highest  entire  vote  cast  for  any  officer  in  the  state  or  in  the 
political  division  for  which  the  nomination  was  made  were  ar- 
ranged "  in  groups  under  the  designation  of  the  office  "  with  the 
party  name  at  the  head  of  each  group.  The  several  party  "  groups  " 
were  to  be  arranged  according  to  the  size  of  the  respective  party 
votes  at  the  last  preceding  election.  All  candidates  other  than 
those  above  specified  were  to  be  nominated  by  "  nomination  papers  " 
and  their  names  were  to  be  arranged  in  alphabetical  order  under 
the  title  of  each  office.  Constitutional  amendments  and  other 
questions  submitted  were  to  be  printed  on  the  general  ballot  after 
the  lists  of  candidates.  The  provisions  as  to  the  detachable  stub 
were  the  same  as  at  present,  and  it  was  provided  that,  as  long  as 
the  constitution  should  require  a  voter's  number  to  be  written  on 
the  back  of  his  ballot,  the  number  should  be  written  in  the  corner 
and  this  corner  provided  with  a  gummed  flap  which  might  be 
folded  over  and  pasted  down  so  as  to  conceal  the  number.  This 
flap  was  not  to  be  unsealed  except  in  case  of  a  contested  election. 

In  1893  (p.419,  June  10)  this  law  was  repealed  and  a  new  law 
enacted  providing  for  a  regular  "  party  column  "  form  of  ballot 
with  special  "  party  circles  "  for  voting  a  straight  party  ticket.  The 
order  of  the  several  columns  was  to  be  the  same  as  in  the  previous 
law.  The  definition  of  parties  entitled  to  a  separate  column  on  the 
ballot  was  changed  from  those  which  had  cast  three  per  cent  of 
the  total  vote  at  the  last  preceding  election  to  those  which  had  cast 
two  per  cent.    The  provisions  as  to  the  filing  of  certificates  of  nom- 


AMERICAN    BALLOT    LAWS,    1888-I9IO  63 

ination  were  also  somewhat  altered,  but  in  other  respects  the  law 
of  1893  was  almost  the  same  as  that  of  1891. 

In  1897  (p-223,  July  9)  it  was  provided  that  "  the  name  of  any 
candidate  shall  not  appear  (i.  e.  on  the  ballot)  more  than  once  by 
certificate  of  nomination  or  more  than  once  by  nomination  papers." 
The  provisions  as  to  the  filing  of  certificates  of  nomination  and 
"nomination  papers"  were  also  altered.  By  another  act  ('97 
p. 1 79,  June  22)  the  provision  as  to  the  form  of  certificates  of 
nomination  was  amended. 

On  November  5,  1901,  an  amendment  to  article  8  section  4 
of  the  Constitution  of  1873  was  adopted  by  the  people,  authorizing 
the  use  of  voting  machines  at  any  election,  repealing  the  pro- 
visions which  required  the  numbering  of  each  ballot  on  the  back 
and  pemiitting  a  voter  to  write  his  name  on  his  ballot  or  have  it 
written  for  him. 

In  1903  (p.338,  Apr.  29)  the  form  of  ballot  was  again  changed. 
The  "  party  column "  form  of  ballot  was  abandoned  and  the 
"  office  group  "  form  adopted,  but  with  special  squares  for  voting 
a  straight  party  ticket.  The  rules  for  marking  the  ballot  were 
correspondingly  amended. 

RHODE  ISLAND 
The  first  Australian  ballot  law  was  adopted  in  1889  (ch.731,  Mar. 
29).  It  applied  only  to  national  and  state  officers  and  members  of 
the  general  assembly  (and  to  ballots  for  constitutional  amendments) 
—  not  to  city  or  town  officers.  It  provided  for  an  "  office  group  " 
form  of  ballot  with  no  special  method  of  voting  a  straight  party 
ticket.  The  names  of  the  candidates  (with  their  addresses)  were 
to  be  arranged  in  alphabetical  order  under  the  title  of  each  office, 
each  candidate's  name  being  followed  by  his  political  designation. 
Constitutional  amendments  were  to  be  printed  on  the  general  ballot 
after  the  lists  of  candidates.  No  provision  was  made  for  detach- 
able stubs  or  for  any  system  of  numbering  the  ballots. 

In  1890  (ch.827,  Mar.  20;  ch.829,  Mar.  28)  the  method  of  mak- 
ing and  filing  certificates  of  nomination  was  amended  (ch.827)  and 
penalties  were  provided  for  certain  illegal  acts  in  relation  to  the 
handling  of  the  ballots  (ch.829). 

At  a  special  session  held  in  the  same  year  an  act  was  passed 
('90  ch.894,  June  t8)  extending  the  provisions  of  the  Australian 
ballot  law  to  all  elections  of  city  officers  and  providing  for  separate 
city  ballots. 


64  NEW   YORK   STATE   LIBRARY 

In  1891  (ch.920,  May  i)  the  provisions  of  the  Australian  ballot 
law  were  extended  to  all  elections  of  town  officers  in  any  towns 
which  should  adopt  the  same  by  popular  vote.  Separate  town  bal- 
lots were  also  provided  for. 

In  1892  (ch.1127,  June  22)  the  form  of  ballot  for  presidential 
electors  was  amended,  and  it  was  provided  that  a  voter  could  vote 
for  all  the  electors  of  any  one  party  by  a  single  cross  (X)  mark. 

In  1896  in  the  General  Laws  which  went  into  effect  on  February 
1st  of  that  year  (G.  L.  '96  tit.2  ch.ii)  the  existing  ballot  laws 
were  consolidated  and  re-enacted  in  slightly  amended  form. 

In  1900  (ch.744,  May  3)  the  city  council  of  any  city,  or  the  town 
council  of  any  town,  was  authorized  to  adopt  for  use  at  all  elec- 
tions the  McTammany  voting  machine  or  any  other  type  of  ma- 
chine approved  by  the  state  voting  machine  commission. 

In  the  same  year  ('00  ch.794,  June  13)  this  act  was  amended  to 
allow  the  secretary  of  state  to  purchase  voting  machines  and  to 
furnish  them  to  cities  and  towns  on  application. 

In  1901  (ch.8i2,  Jan.  31)  the  provisions  as  to  the  filing  of  cer- 
tificates of  nomination  and  nomination  papers  were  amended. 

In  the  same  year  ('01  ch.  916,  Nov.  20)  the  voting  machine  act 
was  again  amended  to  allow  any  city  or  town  council,  on  notice 
given  to  the  secretary  of  state  at  least  25  days  before  any  election, 
to  discontinue  the  use  of  voting  machines. 

In  1902  (ch.1059,  Dec.  12)  the  provisions  as  to  the  filing  of  cer- 
tificates of  nomination  were  amended. 

In  1905  (ch.1226,  Apr.  12)  the  voting  machine  act  of  1900  and  all 
amendments  thereto  were  repealed  and  the  use  of  voting  machines 
was  discontinued. 

In  the  same  year  ('05  ch.1229,  Apr.  26)  the  form  of  ballot  was 
altered.  The  "  office  group  "  ballot  was  abandoned  and  the  "  party 
column  "  form  of  ballot  with  emblems  and  with  special  provision 
for  voting  a  straight  party  ticket,  adopted.  The  rules  for  marking 
the  ballot  were  correspondingly  altered. 

In  1906  (ch.1349,  Apr.  19)  the  use  of  voting  machines  of  any 
type  approved  by  the  *'  State  Returning  Board  "  was  again  author- 
ized at  any  state,  city  or  town  election,  the  secretary  of  state  being 
directed  to  supply  such  machines  to  any  city  or  town  on  request 
and  at  his  discretion.  City  or  town  councils  were  also  authorized 
to  purchase  or  lease  such  machines. 

In  1909  the  whole  election  law  was  re-enacted  as  chapter  11 
title  2  of  the  General  Laws  of  1909. 


AMERICAN    BALLOT    LAWS,    1888-I9IO  65 

In  191  o  (ch.640,  Aug.  22)  the  provisions  in  regard  to  the  mak- 
ing and  filing  of  certificates  of  nomination  and  nomination  papers 
were  amended. 

SOUTH  CAROLINA 

No  Australian  ballot  law  has  been  enacted  in  South  Carolina  up 
to  the  present  time. 

From  1889  until  1896  the  general  election  law  of  1870  (R.  S.  '72 
tit.2  ch.8  §  9-12)  as  amended  in  1882  (p.iiio,  Feb.  9)  remained 
in  force  and  regulated  the  subjects  dealt  with  in  this  monograph. 

In  1893  these  four  sections  were  repeated  without  change  in  the 
Revised  Statutes  of  that  year  (§  169-72). 

In  1896  (p.29,  Mar.  9)  a  new  election  law  was  enacted  and  all 
acts  or  parts  of  acts  in  conflict  therewith  were  repealed,  but  the 
sections  of  the  Code  of  1893  were  again  merely  repeated  without 
amendment  (§  6,  /,  S,  10). 

In  1901  (p.8io  §  0,  Feb.  8)  a  section  almost  exactly  similar  to 
section  6  of  the  act  of  1896  above  mentioned  was  adopted  to  apply 
to  municipal  elections  in  the  city  of  Charleston. 

In  1902  the  same  four  sections  above  mentioned  were  repeated 
without  change  in  the  Code  adopted  in  that  year  (§  210,  211,  212, 
214).  According  to  section  205  of  this  Code  these  sections  apply 
to  all  elections. 

SOUTH  DAKOTA 

The  first  Australian  ballot  law  was  adopted  in  1891  (ch.57,  Mar. 
5).  It  provided  for  the  "office  group"  form  of  ballot,  with  no 
special  method  of  voting  a  straight  party  ticket.  The  names  of  the 
candidates  were  arranged  in  alphabetical  order  under  the  title  of 
each  office,  each  candidate's  name  being  followed  by  his  party  des- 
ignation. There  was  no  limitation  as  to  the  number  of  times  a  can- 
didate's name  might  appear  on  the  ballot.  Constitutional  amend- 
ments and  other  questions  submitted  were  to  be  printed  on  the 
general  ballot,  but  local  and  municipal  questions  were  each  printed 
on  separate  ballots.  In  several  respects  this  law  was  the  same  as 
that  now  in  force. 

In  1893  (ch.8o,  Mar.  6)  the  "  office  group  "  form  of  ballot  was 
abandoned  and  the  "  party  column "  form  adopted  with  special 
circles  for  voting  a  straight  party  ticket.  It  was  provided  that  the 
name  of  no  candidate  should  appear  more  than  once- on  the  ballot 
for  the  same  office,  and  that  no  party  should  nominate  a  candidate 
for  any  office  whose  name  appeared  as  a  candidate  of  another 
party   for  another  office.     The   names  of   independent   candidates 


66  NEW   YORK    STATE   LII5RARV 

nominated  by  petition  were  to  be  placed  at  the  bottoms  of  the  sev- 
eral party  columns.  The  rules  for  marking  the  ballot  were  cor- 
respondingly amended. 

In  1895  (ch.85,  Mar.  11)  the  provisions  in  regard  to  the  distri- 
bution of  ballots  and  the  rules  for  marking  the  ballot  were  amended. 

In  the  same  year  ('95  ch.86,  Mar.  11)  it  was  provided  that  con- 
stitutional amendments  shoulc.  be  printed  in  each  ''  ticket  "  on  the 
general  ballot.  By  another  act  ('95  ch.87,  Mar.  12)  the  form  of 
ballot  was  amended  to  provide  for  a  separate  column  for  inde- 
pendent candidates  nominated  by  petition. 

In  1897  (ch.6o,  Mar.  5)  an  entire  new  ballot  law  was  enacted  and 
all  acts  or  parts  of  acts  in  conflict  therewith  were  repealed.  Most 
of  the  provisions  of  the  former  law  were  re-enacted  without  any 
changes  in  substance,  but  the  "  party  circles  "  were  removed  from 
the  ballot  and  all  special  provision  for  voting  a  straight  party  ticket 
was  abolished.  The  provision  that  no  candidate's  name  should  ap- 
pear on  the  ballot  more  than  once  for  the  same  office  was  omitted, 
but  the  accompanying  provision  that  no  party  should  nominate  for 
any  office  a  candidate  whose  name  appeared  as  a  candidate  of  an- 
other party  for  any  other  office,  was  retained. 

In  1899  (^b.83,  Feb.  9)  it  was  provided  that  constitutional  amend- 
ments should  be  printed  on  a  separate  ballot. 

In  the  same  year  ('99  ch.8i,  Feb.  23)  a  special  method  of  voting 
a  straight  party  ticket  was  again  adopted  by  a  change  in  the  rules 
for  marking  the  ballot. 

In  1901  (ch.119,  Mar.  8)  a  new  provision  was  adopted  limiting 
the  number  of  times  a  candidate's  name  might  appear  on  the  ballot. 
If  a  candidate  were  nominated  by  two  or  more  parties  for  the  same 
office  he  n:ight  choose  in  which  column  his  name  should  appear, 
but  if  he  failed  to  do  so  his  name  was  to  be  printed  in  the  column 
of  that  party  which  had  first  filed  a  certificate  of  his  nomination. 
The  other  provision,  as  to  one  party's  nominating  a  candidate  for 
any  office  who  had  already  been  nominated  by  another  party  for 
another  office,  was  dropped.  The  section  relating  to  the  form  of 
ballot  was  also  amended  (to  correspond  with  the  change  in  the 
rules  for  marking  the  ballot  made  in  1899)  by  the  revival  of  the 
"  party  circle."  All  questions  submitted,  state  as  well  as  local,  were 
to  be  printed  on  separate  ballots. 

In  the  same  year  ('01  ch.117,  Mar.  5)  the  rules  for  marking  the 
ballot  were  slightly  amended. 

In  1909  (ch.43,  Feb.  19)  the  form  of  ballot  for  measures  sub- 
mitted by  initiative  petition  or  referendum  was  more  fully  defined. 


AMERICAN    BALLOT   LAWS,    1888-I9IO  67 

In  the  same  year  ('09  ch.144,  June  16)  it  was  provided  that  the 
several  party  columns  should  be  arranged  on  the  ballot  from  left 
to  right  according  to  the  size  of  the  vote  cast  by  each  party  for 
governor  at  the  last  preceding  election, 

TENNESSEE 

The  first  Australian  ballot  law  was  adopted  in  1889  (ch.i88, 
Apr.  4)  and  applied  only  to  counties  having  a  population  of  over 
70,000  and  to  towns  having  a  population  of  over  9000,  according 
to  the  federal  census  of  1880.  It  provided  for  an  "office  group" 
form  of  ballot  with  no  special  m^ethod  of  voting  a  straight  party 
ticket.  The  names  of  the  candidates  were  to  be  arranged  alpha- 
betically under  the  title  of  each  office,  but  nothing  was  said  about 
any  party  designations.  The  order  of  the  several  offices  was  left  to 
the  discretion  of  the  officer  furnishing  the  ballots.  Constitutional 
amendments  and  other  questions  submitted  were  to  be  printed  on 
the  general  ballot.  The  form  of  ballot  was  practically  the  same  as 
that  at  present  used  (in  those  portions  of  the  state  to  which  the 
Australian  ballot  law  applies)  but  no  detachable  stubs  were  pro- 
vided for. 

In  1890  (ex.  sess.  ch.24,  Mar.  13)  this  act  was  repealed  and  a 
new  election  law  similar  to  it  and  applying  to  the  same  portions  of 
the  state  was  enacted.  According  to  this  law  the  names  of  the 
candidates  were  to  be  arranged  just  as  under  the  previous  law  but 
it  was  specified  that  they  were  to  be  printed  "  irrespective  of  party." 

In  1891  (ch.225.  Mar.  30)  the  application  of  the  law  of  1890  was 
extended  to  all  counties  having  a  population  of  50,000  or  over  ac- 
cording to  the  federal  census  ofiS9o  or  of  any  subsequent  federal 
census. 

In  this  same  year  ('91  ch.i6i,  Mar.  26)  the  use  of  separate  bal- 
lot-boxes for  presidential  electors,  members  of  Congress,  governors 
and  members  of  the  general  assembly  was  abolished,  and  conse- 
quently the  clause  at  the  end  of  section  5  of  the  law  of  1890,  pro- 
viding for  separate  ballots  for  these  officers  whenever  separate 
ballot-boxes  should  be  used,  became  meaningless.  (It  was  omitted 
from  Shannon's  Code  of  1896). 

In  the  same  year  ('91  ex.  sess.  ch.21,  Sept.  19)  a  law  was  passed 
regulating  the  form  of  ballot  for  elections  in  all  parts  of  the  state 
not  covered  by  the  Australian  ballot  law  of  1890.  It  provided  that 
the  ballots  at  such  elections  should  be  seven  inches  in  length  and 
three  inches  in  width.  This  law,  with  one  slight  amendment  noted 
3 


68  NEW    YORK    STATE   LIBRARY 

below,  is  still  in  force  in  all  parts  of  the  state  to  which  the  Aus- 
tralian ballot  law  has  not  been  applied. 

In  1893  this  last  mentioned  act  of  1891  was  slightly  amended  ('93 
ch.ioi,  Apr.  7)  to  provide  that  the  "3x7"  ballots  should  not 
deviate  more  than  one-eighth  of  an  inch  in  length  or  more  than  one- 
sixteenth  of  an  inch  in  width  from  the  prescribed  dimensions. 

In  1895  (ex.  sess.  ch.3  §  7,  June  17)  it  was  provided  that  the 
registrars  for  each  voting  precinct  should  attend  the  polls  on  elec- 
tion day  and  check  off  on  a  registration  list  the  names  of  all  voters 
as  they  voted. 

In  1897  (ch.17,  Mar.  24)  the  application  of  the  Australian  ballot 
law  was  extended  to  all  counties  having  a  population  of  50,000  or 
over  and  to  all  towns,  cities  and  civil  districts  having  a  population 
of  2500  or  over,  according  to  the  federal  census  of  1890  or  any 
subsequent  federal  census. 

In  1901  (ch.147,  Apr.  18)  the  application  of  the  Australian  ballot 
law  was  again  extended  to  all  wards  and  civil  districts  which  in- 
cluded any  part  of  any  town  containing,  according  to  the  federal 
census  of  1900  or  any  subsequent  federal  census,  a  population  of 
750  or  over  and  which  were  situated  in  counties  having  a  population 
of  15,000  or  over  according  to  the  federal  census  of  1900  or  any 
subsequent  federal  census.  (This  act  was  subsequently  declared 
unconstitutional  by  the  supreme  court;  Freeman  et  al.  v.  the  City 
of  Lawrenceburg,  December  term  1906;  case  no.  23,615,  minute 
book  26,  p. 1 17;  not  reported  in  regular  state  reports.) 

In  1903  (ch.536,  Apr.  15)  the  Australian  ballot  law  was  extended 
to  apply  to  all  counties  having  a  population  of  not  less  than  18,000 
and  not  more  than  18,500  according  to  the  federal  census  of  1900 
or  any  subsequent  federal  census.  (At  the  time  it  was  passed  this 
act  probably  applied  only  to  Henderson  county.  Cf.  Supp.  1897- 
1903  to  Shannon's  Code  of  Tennessee  p.223  note.) 

In  the  same  year  ('03  ch,567,  Apr.  10)  the  Australian  ballot  law 
was  extended  to  apply  to  all  counties  having  a  population  of  not 
less  than  35,000  and  not  more  than  36,250  according  to  the  federal 
census  of  1900  or  any  subsequent  federal  census.  (At  the  time  it 
was  passed  this  act  probably  applied  only  to  Montgomery  county. 
Cf.  Supp.  1897-1903  to  Shannon's  Code  of  Tennessee  p.228-29.) 

In  1905  (ch.387,  Apr.  14)  the  Australian  ballot  law  was  again 
extended  to  apply  to  all  counties  having  a  population  of  not  less 
than  42,500  and  not  more  than  45,000  according  to  the  federal 
census  of  1900  or  any  subsequent  federal  census.  (At  the  time  it 
was  passed  this  act  probably  applied  only  to  Maury  county.  Cf. 
index  to  session  laws  of  1905.) 


AMERICAN    BALLOT   LAWS,    1888-I9IO  69 

TEXAS 

Until  1905  no  genuine  Australian  ballot  law  was  adopted  in  Texas 

From  1889  until  1892  the  election  law  of  1879  (P-ii9)  remained 
in  force  and  regulated  the  subjects  dealt  with  in  this  monograph. 
This  act  provided  that  all  ballots  were  to  be  written  or  printed  on 
plain  white  paper  without  any  pictures,  sign,  vignette,  device,  stamp 
or  mark  except  the  names  of  the  offices,  the  names  of  the  candi- 
dates and  the  names  of  the  parties  nominating  them.  The  use  of 
pasters  in  marking  the  ballots  was  forbidden.  The  ballots  were  un- 
officially printed  and  distributed  by  the  several  parties  and  were 
merely  brought  to  the  polls  by  the  voters  and  there  deposited. 

In  1892  (ex.  sess.  p.  13,  Apr.  12)  a  law,  which  was  practically 
an  Australian  ballot  law,  was  passed  applying  only  to  cities  of 
10,000  inhabitants  or  over,  to  be  adopted  on  petition  of  at  least  500 
citizens.  This  act  provided  for  a  semi-official  ''  blanket "  ballot  to 
be  printed  by  the  candidates  themselves  and  furnished  to  the  pre- 
siding election  officer  at  each  polling  place,  at  least  one  day  before 
any  election,  for  distribution  to  the  voters  on  election  day.  The 
ballots  were  to  be  of  the  *'  party  column  "  form  and  were  to  have 
the  indorsement  "  official  ballot "  stamped  on  the  outside  by  the 
presiding  election  officer  before  being  handed  to  any  voter.  The 
ballots  were  obtainable  by  the  voters  only  from  the  election  officers 
at  the  polls  on  election  day  and  no  other  ballots  but  those  stamped 
as  above  described  were  to  be  counted.  No  rules  for  marking  the 
ballot  were  provided.  Any  city  coming  within  the  application  of 
this  act  could  adopt  any  further  regulations  in  regard  to  elections 
not  in  conflict  with  its  provisions. 

In  all  portions  of  the  state  not  covered  by  this  law  the  electioi< 
law  of  1879  above  mentioned  remained  in  force  and  regulated  the 
subjects  dealt  with  in  this  monograph  until  1903. 

In  1903  (p.133,  Apr.  i)  an  approach  to  an  Australian  ballot  law 
was  adopted,  applying  to  the  whole  state  and  to  practically  all  elec 
tions.  The  ballots  were  to  be  official  (printed  and  distributed  by 
public  officers)  but  those  for  each  party  were  to  be  separate  and 
were  to  be  printed  at  the  expense  of  the  party.  At  the  top  of  each 
ballot  was  to  be  printed  the  name  of  the  party,  followed  by  the 
names  of  its  several  candidates  and  the  titles  of  the  offices  foi 
which  they  were  nominated.  It  was  provided  that  no  candidate's 
name  should  appear  on  the  ballots  of  more  than  one  party.  Con- 
stitutional amendments  and  other  questions  submitted  were  to  be 
printed  on  each  of  the  party  ballots,  in  such  form  as  might  be  pre- 


70  NEW    YORK    STATE    LIBRARY 

scribed  by  the  governor,  or  in  the  case  of  local  questions,  by  the 
municipal  authority  submitting  the  same.  Before  a  set  of  ballots 
was  delivered  to  any  voter  the  presiding  judge  was  to  write  his 
signature  on  the  back  of  each  ballot.  The  voter  on  receiving  a  set 
of  ballots  was  to  proceed  to  a  voting  booth,  prepare  the  ballot 
which  he  wished  to  vote,  fold  all  the  ballots  alike,  and  return  them 
to  the  judges.  The  ballot  voted  .was  to.be  numbered  on  the  back  to 
correspond  with  the  voter's  number  on  the  voting  list  and  deposited 
in  one  ballot-box;  and  the  unused  ballots  were  to  be  deposited  in 
another  ballot-box. 

In  1905  (ex.  sess.  p. 520;  became  law  without  the  governor's  sig- 
nature) this  law  of  1903  was  repealed  and  the  present  law  (known 
as  the  "  Terrell  Law  ")  enacted. 

UTAH 

As  long  as  Utah  remained  a  territory  no  Australian  ballot  law 
was  enacted  but  the  law  of  February  22,  1878  (C.  S.  '88  §  249, 
251)  governed  the  form  of  ballot  and  the  method  of  voting  at  elec- 
tions. This  law  merely  provided  that  "  every  voter  shall  designate 
on  a  single  ballot,  written  or  printed,  the  name  of  the  per- 
son or  persons  voted  for  with  a  pertinent  designation  of 
the  office  to  be  filled.  And  when  any  question  is  to 
be  decided  in  the  affirmative  or  negative  he  shall  state  the 
proposition  at  the  bottom  of  the  ballot  and  write  there- 
under '  Yes '  or  '  No '  as  he  may  desire  to  vote  thereon ;  which 
ballot  shall  be  neatly  folded  and  placed  in  one  of  the  envelopes 
hereinbefore  provided  for,  and  delivered  to  the  presiding  judge  of 
election,  who  shall,  in  the  presence  of  the  voter,  on  the  name  of  the 
proposed  voter  being  found  on  the  registry  list,  and  on  all  chal- 
lenges to  such  vote  being  decided  in  favor  of  such  voter,  deposit  it 
in  the  ballot-box,  without  any.  mark  whatever  being  placed  on  such 
envelope;  otherwise  the  ballot  shall  be  rejected."  The  envelopes 
above  mentioned  were  to  be  uniform  in  color  and  size,  without  dis- 
tinguishing marks  of  any  kind,  and  were  to  be  furnished  by  the 
county  court  to  the  judges  of  each  election  precinct.  Nothing  was 
said  as  to  just  how  or  where  the  ballots  were  to  be  put  in  the 
envelopes.    No  voting  booths  were  provided  for  in  the  law. 

In  1896  (ch.69,  Mar.  28)  at  the  first  session  of  the  legislature 
after  the  admission  of  Utah  as  a  state,  the  first  Australian  ballot 
law  was  enacted.  This  act  provided  for  the  "  office  group  "  form 
of  ballot,  but  with  a  special  method  of  voting  a  straight  party  ticket. 


AMERICAN    BALLOT   LAWS,    1888-I9IO  7I 

The  names  and  emblems  of  the  several  parties  were  to  be  printed 
at  the  top  of  the  ballot,  each  with  a  voting  square  opposite  to  it. 
The  names  of  the  candidates  were  to  be  arranged  in  alphabetical 
order  under  the  title  of  each  office.  No  candidate's  name  was  to 
appear  more  than  once  on  the  ballot,  but  it  was  to  be  followed  by 
the  political  designation,  expressed  in  not  more  than  three  words, 
of  every  party  which  had  nominated  him.  Constitutional  amend- 
ments and  other  questions  submitted  were  to  be  printed  on  the 
general  ballot.  A  duplicate  stub  system  was  provided  for,  and  it 
was  provided  that  each  ballot  before  being  deposited  should  be 
numbered  in  the  corner  and  the  corner  then  folded  and  pasted 
down  over  the  number,  as  in  Pennsylvania  and  Colorado. 

In  1897  (ch.50,  Mar.  ii)  all  previous  election  laws  were  re- 
pealed and  a  new  general  law  enacted.  (This  law  was  actually  the 
title  on  elections  taken  from  the  Revised  Statutes  afterwards  enacted 
in  1898  and  enacted  by  itself  in  advance.  Cf.  R.  S.  '98,  preface, 
top  of  page  5.)  The  "  office  group  "  form  of  ballot  was  abandoned 
and  a  "  party  column  "  ballot,  with  emblems  and  with  "  party  cir- 
cles "  for  voting  a  straight  ticket,  was  adopted.  It  differed  from 
the  law  of  1896  in  regard  to  certificates  of  nomination,  etc.,  and  as 
to  the  system  of  stubs,  a  single  detachable  stub  being  substituted  for 
the  duplicate  stub  provided  for  in  the  earlier  law.  The  numbering 
of  the  ballots  in  the  corner,  etc.,  as  above  described,  was  also 
abandoned. 

In  1899  (ch.8o,  Mar.  20)  the  provisions  of  the  law  of  1897  in 
regard  to  constitutional  amendments  were  altered  to  provide  that 
the  secretary  of  state  should  designate  by  a  number  and  by  a  title 
covering  the  subject-matter,  each  amendment  or  question  certified 
to  the  county  clerk  to  be  printed  on  the  official  ballot.  This  number 
and  title  were  to  be  used  on  the  ballot  in  place  of  the  text  of  the 
amendment. 

In  1905  (ch.85,  Mar.  9)  the  adoption  of  voting  machines  by 
county,  city  or  town  authorities,  for  use  at  any  or  all  elections, 
was  permitted,  provided  such  machines  had  previously  been  ap- 
proved by  a  state  voting  machine  commission  established  by  the  act. 

In  1907  (ch.162,  Mar.  25)  this  voting  machine  act  was  amended 
in  certain  particulars. 

VERMONT 

The  first  Australian  ballot  law  was  adopted  in  1890  (no.9,  Nov. 
25).  It  applied  to  all  elections  for  national,  state,  congressional, 
district,  county,  town  and  village  officers,  except  elections  of  city. 


72  NEW    YORK    STATE    LIBRARY 

town  or  village  officers  in  cities,  towns  and  villages  of  not  over  4,000 
inhabitants.  It  provided  for  the  ''  office  group  "  form  of  ballot  with 
no  special  method  of  voting  a  straight  party  ticket.  The  language 
of  the  act  was  somewhat  ambiguous  as  to  the  way  in  which  the 
names  of  the  candidates  were  to  be  arranged.  It  merely  stated  that 
"  ballots  hereafter  used  .  .  .  for  the  election  of  public  officers 
in  this  state  .  .  .  shall  contain,  under  each  appropriate  head, 
the  names  of  all  persons  to  be  voted  for  at  each  election  .  .  ." 
It  afterwards  referred,  however,  to  ''  each  group  of  candidates  for 
different  offices,"  so  that  it  is  fairly  clear  that  the  "  office  group  " 
form  of  ballot  was  intended.  The  name  of  each  candidate  was  to  be 
followed  by  his  address  and  by  the  designation  of  the  party  or 
political  organization  which  he  represented.  Constitutional  amend- 
ments were  to  be  printed  on  the  ballot  after  the  lists  of  candidates. 
There  was  to  be  one  ballot  for  general  elections  and  separate  bal- 
lots for  city,  town,  and  village  elections. 

In  1892  (no. I,  Nov.  22)  a  new  law  was  enacted  and  all  acts 
and  parts  of  acts  inconsistent  therewith  were  repealed.  The  "  office 
group  "  form  of  ballot  was  abandoned  and  a  "  party  column  "  bal- 
lot, with  special  squares  for  voting  a  straight  party  ticket,  adopted. 
The  order  of  the  several  columns  was  the  same  as  at  present.  The 
rules  for  marking  the  ballot  were  changed  to  correspond  with  this 
change  in  form.  Separate  ballots  were  to  be  provided  for  repre- 
sentatives in  the  general  assembly.  In  practically  all  other  re- 
spects the  law  of  1892  was  similar  to  that  of  1890. 

In  1894  (no.3,  Nov.  27)  the  application  of  the  act  of  1892 
which  had  been  the  same  as  that  of  the  act  of  1890,  was  made 
optional  and  dependent  on  popular  vote,  in  all  elections  of  local 
officers  in  cities,  towns  and  villages  of  over  4000  and  not  over 
8000  inhabitants. 

In  the  same  year  in  the  Vermont  Statutes  ('94  no.  162)  section 
98  provided  for  separate  ballots  for  presidential  electors,  for  repre- 
sentatives in  the  general  assembly  and  for  justices.  These,  in  ad- 
dition to  the  ballots  for  state  officers  and  those  for  city,  town  and 
village  officers,  made  five  separate  kinds  of  ballots,  just  as  at 
present.  In  this  revision  of  the  statutes  certain  changes  in  the 
form  of  the  law  were  also  made.  In  1898  (no.2,  Nov.  21 ;  no.4, 
Nov.  4)  the  provisions  as  to  the  making  and  filing  of  certificates  of 
nomination  were  amended  and  it  was  provided  that  the  ballots  used 
in  voting  for  justices  of  the  peace  should  be  on  tinted  paper  of  a 
color  other  than  that  used  for  sample  ballots. 


AMERICAN    BALLOT   LAWS,    188S-I9IO  73 

In  1902  (no.2,  Oct.  28)  it  was  provided  that  the  ballot  for  jus- 
tices of  the  peace  should  be  printed  on  red  paper  and  that  used  in 
voting  for  town  representatives  in  the  general  assembly  on  white 
paper. 

In  1904  (no.3,  Dec.  10)  it  was  provided  that  a  candidate  nomi- 
nated for  the  same  office  by  two  or  more  parties  might  choose  on 
which  party  ticket  or  tickets  his  name  should  be  printed. 

In  the  same  year  ('04  no.4,  Dec.  9)  the  party  square  was  re- 
moved from  the  ballots  for  town  representatives  in  the  general 
assembly. 

In  1906  (no.3,  ^^ov.  22)  ballots  of  the  "office  group"  form 
were  provided  for  all  local   (city,  town  and  village)   elections. 

In  the  same  year  ('06  no. 5,  Nov.  23)  the  application  of  the 
Australian  ballot  law  was  again  changed.  Cities,  towns  and  vil- 
lages of  3000  inhabitants  or  less  were  entirely  excluded  from  its 
provisions  and  in  cities,  towns  and  villages  of  over  3000  and  not 
over  8000  inhabitants  its  adoption  was  left  optional  with  the  voters. 

In  the  revision  of  1906  practically  no  changes  were  made  in  the 
ballot  law  except  for  the  renumbering  of  the  sections. 

VIRGINIA 

Prior  to  1894  the  election  law  of  1869  (ch.76)  remained  in 
force  and  governed  the  subjects  dealt  with  in  this  monograph.  It 
provided  for  unofficial  ballots,  written  or  printed  or  partly  written 
and  partly  printed,  and  containing  the  names  of  the  persons  to  be 
voted  for  and  the  offices  for  which  they  were  candidates. 

The  first  Australian  ballot  law  was  adopted  in  1894  (ch.746. 
Mar.  6).  It  provided  for  an  "office  group"  form  of  bal- 
lot with  no  special  method  of  voting  a  straight  party  ticket.  The 
provisions  as  to  the  form  of  ballot  were  exceedingly  brief,  nothing 
being  said  as  to  the  arrangement  of  the  candidates'  names  under 
the  title  of  each  office,  the  use  of  party  designations,  constitutional 
amendments,  etc.  The  method  by  which  the  names  of  candidates 
were  to  be  given  a  place  on  the  official  ballot  and  the  rules  for 
marking  the  ballot  were  virtually  the  same  as  at  present.  Each 
ballot  was  to  be  stamped  on  the  back  with  an  official  seal  by  the 
electoral  board  which  provided  it. 

In  1896  (ch.700,  Mar.  4)  this  act  was  re-enacted  with 
a  few  slight  changes.  The  form  of  ballot  was  somewhat  more 
fully  prescribed  and  it  was  provided  that  every  announcement  of 
candidacy  for  any  office  by  a  person  wishing  to  have  his  name 


74  NEW    YORK    STATE    LIBRARY 

printed  on  the  official  ballot  must  be  attested  by  two  witnesses. 
The  method  of  announcing  the  candidacy  of  presidential  electors 
and  of  printing  their  names  on  the  ballot  was  also  prescribed. 

In  1898  (ch.831,  Mar.  13)  the  provisions  of  this  act  in 
regard  to  the  announcement  of  candidacy  and  to  the  adoption  and 
use  by  electoral  boards  of  official  seals  were  amended. 

In  1900  (ch.877,  Mar.  6)  the  provisions  in  regard  to  the  mark- 
ing of  ballots  and  their  deposit  in  the  ballot-box  were  slightly 
amended. 

In  1904  (ch.587,  Jan.  11)  the  ballot  law  was  codified  and 
re-enacted  (together  with  certain  other  provisions)  as  an 
amendment  of  chapter  10  of  the  Code  of  1887.  Certain  changes 
were  made  at  this  time ;  the  arrangement  of  the  names  of  the 
candidates  under  each  office  was  prescribed  as  at  present  and  the 
use  of  any  distinguishing  mark  or  symbol  on  the  ballot  (including 
the  name  of  any  party^)  was  forbidden.  The  rules  for  marking 
the  ballot  were  also  slightly  altered. 

Later  in  the  same  year  chapter  10  of  the  Code  of  1887  as  thus 
amended  was  re-enacted  as  chapter  10  of  the  Code  of  1904. 

In  1908  (ch.17,  Feb.  3)  it  was  provided  that  constitutional 
amendments,  after  being  agreed  to  by  both  houses,  should  be  "  sub- 
mitted to  the  people  by  bill  introduced  for  such  purpose"  No 
general  provision  was  made  as  to  the  form  of  ballot  for  such 
amendments. 

WASHINGTON 

The  first  Australian  ballot  law  was  adopted  in  1890  (p.400. 
Mar.  19).  It  provided  for  the  "office  group"  form  of  bal- 
lot, but  with  a  special  method  of  voting  a  straight  party  ticket  by 
a  cross  mark  (X)  opposite  the  party  name.  The  names  of  the 
candidates  were  arranged  in  alphabetical  order  under  the  title  of 
each  office,  each  candidate's  name  being  accompanied  by  the  desig- 
nation of  the  political  party  which  he  represented.  Constitutional 
amendments  and  other  questions  submitted  to  the  voters  of  the 
entire  state  were  printed  on  the  general  ballots ;  local  and  city 
questions  on  separate  ballots.  The  official  indorsement  was 
stamped  on  the  outside  of  each  ballot  by  the  election  officers  with 
a  rubber  stamp  before  the  delivery  of  the  ballot  to  a  voter. 

^  The  statement  that  the  clause  forbidding']the"use  on"the' ballot  of  "any  distinguishing 
mark  or  symbol"  prevents  the  use  of  any  party  name  or  designation  is  made  on  the 
authority  of  a  letter  from  Edward  Brockenbrough,  secretary  of  the"electoral  board  of 
Norfolk.  Va. 


AMERICAN    BALLOT   LAWS,    1888-I91O  75 

In  1891  (ch.io6,  Mar.  7)  the  ''  office  group  "  form  of  ballot  was 
abandoned  and  the  "  party  column  "  form  adopted,  with  a  special 
method  of  voting  a  straight  party  ticket.  The  order  of  the  several 
columns  was  to  be  as  follows:  (i)  Republican;  (2)  Democratic; 
the  others  in  such  order  as  the  clerk  of  the  board  of  county  com- 
missioners might  determine.  In  other  respects  the  law  of  1890 
was  left  unchanged. 

In  1895  (ch.156.  Mar.  21)  the  form  of  ballot  was  again  altered 
and  an  *'  office  group  "  ballot  with  a  special  method  of  voting  a 
straight  party  ticket  again  adopted.  At  the  top  of  the  ballot  were 
to  be  printed  the  names  of  "  all  recognized  political  parties  in  the 
following  order,  to  wit:  Republican  ticket,  Democratic  ticket, 
People's  party  ticket.  Prohibition  ticket,  and  any  other  party  placing 
a  full  ticket  in  nomination,  in  the  order  in  which  the  same  shall  be 
filed  with  the  clerk  of  the  board  of  county  commissioners."  The 
name  of  each  candidate  was  to  be  printed  but  once  on  the  ballot,  and 
when  the  candidate  was  nominated  by  two  or  more  parties  was 
to  be  preceded  by  the  name  of  only  that  one  party  which  he  had 
designated  in  a  notice  to  the  clerk  of  the  board  of  county  com- 
missioners. The  names  of  the  candidates  were  to  be  arranged 
under  the  title  of  each  office  in  the  same  order  as  the  names  of  the 
parties  themselves  at  the  top  of  the  ballot.  A  blank  column  was 
to  be  provided  at  the  right  of  the  ballot  for  writing  in  names.  De- 
tachable stubs  consecutively  numbered  were  also  provided  for. 

In  1901  (ch.89.  Mar.  16)  the  "  office  group "  form  of  ballot 
was  again  abandoned  and  the  "  party  column  "  form,  with  special 
circles  for  voting  a  straight  party  ticket,  again  adopted.  The  Re- 
publican column  was  to  be  placed  at  the  left  of  the  ballot,  the 
Democratic  column  next  and  those  of  other  parties  from  left  to 
right  in  the  order  in  which  the  respective  certificates  of  nomina- 
tion were  filed. 

In  1905  (ch.39,  Feb.  27)  a  slight  change  was  made  in  the  sec- 
tion providing  for  the  furnishing  of  official  ballots  by  the  clerks  of 
the  boards  of  county  commissioners. 

WEST  VIRGINIA 
The  first  AustraHan  ballot  law  was  enacted  in  1891  (ch.89;  be- 
came law  on  Mar.  18  without  the  governor's  signature).  It  pro- 
vided for  a  "  party  column  "  form  of  ballot  with  a  special  method 
of  voting  a  straight  party  ticket  by  erasing  all  other  tickets  than 
the  one  which  the  voter  desired  to  vote.     The  several  columns 


y(>  NEW    YORK   STATE    LIBRARY 

were  to  be  arranged  as  follows:  the  Democratic  column  at  the 
extreme  left  of  the  ballot,  the  Republican  at  the  extreme  right, 
and  those  of  all  other  parties,  if  any,  in  between.  No  emblems 
were  provided  for.  The  poll-clerks  were  to  write  their  names  on 
the  back  of  each  ballot  before  its  delivery  to  a  voter. 

In  1893  (ch.25,  Feb.  24)  the  form  of  ballot  was  slightly 
amended  to  provide  that  candidates  nominated  by  petition  should 
not  be  placed  in  the  same  column  with  party  candidates  nomi- 
nated by  convention  or  primary  meeting.  The  restriction  by  which 
the  act  of  1891  was  made  not  to  apply  to  municipal  elections 
where  no  regular  nominations  were  certified  was  also  repealed. 

In  1895  (ch.29,  Feb.  21)  a  new  provision  was  adopted,  accord- 
ing to  which  the  act  of  1891  was  not  to  apply  to  municipal  elec- 
tions in  any  municipality  in  which  less  than  600  votes  had  been 
polled  at  the  last  preceding  election  and  in  which  regular  nomina- 
tions had  not  been  certified  by  at  least  two  political  parties  or 
groups  of  voters. 

In  1901  (ch.6i,  Feb.  20)  the  definition  of  political  parties  which 
could  nominate  candidates  for  public  office  by  convention  was  en- 
larged to  include  any  party  which  had  had  its  nominations  printed 
on  the  official  ballot  for  the  state  or  for  any  subdivision  thereof 
for  the  last  preceding  ten  years. 

In  1907  (ch.71 ;  passed  Feb.  22  and  became  law  without  the 
governor's  approval)  the  section  relating  to  the  form  of  ballot  was 
amended  and  it  was  provided  that  the  addresses  of  the  several 
candidates  should  be  printed  after  their  names.  Emblems  were 
also  provided  for.  Nothing  was  said  as  to  the  order  of  the  several 
columns,  but  the  form  of  ballot  appended  to  the  act  shows  this  to 
have  been  the  same  as  in  the  earlier  acts.  "  Party  squares  "  were 
placed  at  the  tops  of  the  several  columns  and  the  method  of  mark- 
ing the  ballot  was  correspondingly  altered. 

In  1908  (ex.  sess.  ch.21,  Feb.  29)  the  section  as  to  the  form  of 
ballot  was  again  amended  and  brought  into  its  present  form. 

WISCONSIN 
Although  no  Australian  ballot  law  was  enacted  in  Wisconsin  up 
to  1889,  an  act  was  passed  in  1887  (ch.350,  Apr.  8)  applying  one 
or  two  minor  features  of  the  Australian  system  to  elections  in 
cities  of  50,000  inhabitants  or  over.  This  act  provided  that  every 
polling  place  in  any  such  city  should  have  two  rooms,  in  the  outer 
of  which  ballots  furnished  by  the  several  political  parties  to  the 


AMERICAN    BALLOT   LAWS,    1888-I91O  JJ 

inspectors  of  election  were  to  be  arranged  in  separate  piles  on  a 
table.  Each  voter  was  to  enter  this  looir.  first,  obtain  a  ballot  if 
not  already  provided  with  one,  pass  through  to  the  room  contain- 
ing the  ballot-boxes,  deposit  his  ballot  and  pass  out  by  another  door. 
Not  more  than  one  voter  was  to  be  allowed  in  the  **  ticket  room  " 
at  any  one  time,  and  the  only  other  person  allowed  in  this  room  was 
a  police  officer.  Challengers  appointed  by  each  party  were  pro- 
vided for.  There  was  nothing  in  the  act,  however,  to  prevent  the 
voters  from  obtaining  ballots  outside  the  polling  place,  nor  was 
there  any  provision  to  insure  secrecy. 

The  first  real  Australian  ballot  law  was  adopted  in  1889  (ch.248, 
Apr.  3).  It  did  not  apply  to  elections  of  town  or  village  officers 
nor  to  elections  in  cities  of  50,000  inhabitants  or  over  nor  to  elec- 
tions in  counties  containing  such  cities.  It  provided  for  the  "  office 
group  "  form  of  ballot  with  no  special  method  of  voting  a  straight 
party  ticket.  The  names  of  the  candidates  were  to  be  arranged  in 
alphabetical  order  under  the  title  .of  each  office,  each  candidate's 
name  being  followed  by  his  political  designation.  Constitutional 
amendments  and  other  questions  submitted  were  to  be  printed  on 
the  general  ballot. 

In  the  same  year  ('89  ch.494,  Apr,  18)  this  act  was  slightly 
amended  in  regard  to  the  method  of  marking  the  ballot  and 
another  act  was  passed  ('89  ch.475,  Apr.  17)  slightly  regulating  the 
form  of  ballot  in  cities  of  150,000  inhabitants  or  over.  The  ballots 
were  left  unofficial  and  each  party  was  to  provide  its  own,  but  the 
form,  size,  paper,  etc.,  were  prescribed  and  were  to  be  uniform  for 
all  parties. 

In  the  same  year  ('89  ch.21,  Feb.  26)  the  act  of  1887  applying 
to  cities  of  50,000  inhabitants  or  over  was  slightly  amended. 

In  1 89 1  (ch.379,  Apr.  23)  chapters  248  and  494  of  the  laws  of 
1889  (above  mentioned)  were  repealed,  and  a  new  Australian  bal- 
lot law  was  enacted.  This  law  was  not  to  apply  to  elections  of 
town  or  village  officers  nor  to  elections  in  cities  of  50,000  inhabit- 
ants or  over.  It  provided  for  the  "  party  column  "  form  of  ballot 
without  emblem  and  with  special  squares  for  voting  a  straight 
party  ticket.  The  ''  party  columns  "  were  to  be  arranged  alpha- 
betically according  to  the  first  letters  of  the  several  party  names, 
and  at  the  extreme  right  of  the  ballot  the  "  individual  nominations  " 
were  to  be  arranged  in  a  separate  column,  each  candidate's  name 
being  followed  by  his  political  designation.  It  was  provided  that 
there  should  be  separate  ballots  for  judicial  and  also  for  municipal 


78  NEW   YORK   STATE   LIBRARY 

elections,  the  former  being  in  the  "  office  group  "  form  and  with- 
out party  designations.  Constitutional  amendments  and  other 
questions  submitted  were  to  be  printed  on  the  general  ballot.  It 
was  provided  that  there  should  be  no  party  designations  on  the 
ballots  used  in  the  election  of  school  officers  except  in  the  case  of 
county  or  district  superintendents  of  schools  outside  of  cities.  The 
rules  as  to  certificates  of  nomination  and  nomination  papers  were 
also  altered. 

In  1893  (ch.288,  Apr.  19)  the  whole  election  law  was  codified 
and  revised.  The  provisions  of  the  Australian  ballot  law  were 
applied  to  practically  all  elections  and  a  few  changes  were  made 
in  it.  The  use  of  pasters  by  the  voters  in  marking  their  ballots 
was  forbidden.  It  was  specifically  provided  that  the  name  of  a 
candidate  nominated  by  two  or  more  parties  should  be  printed  in 
the  columns  of  both  parties,  but  that  only  one  vote  for  him  should 
be  counted  on  each  ballot.  The  provisions  in  regard  to  certificates 
of  nomination  and  nomination  papers  were  slightly  amended  and  it 
was  provided  that  local  and  municipal  questions  submitted  to  popu- 
lar vote  were  each  to  be  printed  on  separate  ballots.  It  was  also 
provided  that  the  separate  ballots  for  judicial  and  municipal  elec- 
tions should  be  of  approximately  the  same  form  as  the  general 
ballots. 

In  1897  several  amendments  to  this  act  were  adopted.  It  was 
provided  ('97  ch.120.  Mar.  27)  that  when  constitutional  amend- 
ments or  other  questions  were  submitted  to  popular  vote  "  a  con- 
cise statement  of  the  nature  thereof  "  should  be  printed  on  the 
general  ballots  below  the  lists  of  candidates,  unless  the  act  or  reso- 
lution submitting  the  amendment  or  question  required  a  different 
form  of  ballot.  By  another  act  ('97  ch.348,  Apr.  24)  the  pro- 
visions of  the  law  of  1893  as  to  the  form  of  ballot  were  amended 
to  provide  that,  if  a  candidate  were  nominated  by  two  or  more 
parties,  his  name  should  be  printed  only  in  the  column  of  the  party 
which  first  nominated  him.  If  both  nominated  him  at  the  same 
time  he  could  choose  in  which  column  his  name  should  be  written 
and  if  he  failed  to  do  so  the  officer  with  whom  his  certificate  of 
nomination  was  filed  was  to  decide,  but  in  any  case  his  name  was 
to  appear  in  only  one  column.  No  candidate's  name  was  to  be 
printed  in  the  column  of  "  individual  nominations  "  if  it  already 
appeared  in  any  party  column.  The  method  of  filing  certificates 
of  nomination  was  also  slightly  amended.  By  another  act  ('97 
ch.337,  Apr.  24)  the  section  as  to  the  furnishing  of  ballots  by 
county  and  city  clerks  was  slightly  amended. 


AMERICAN    BALLOT   LAWS,    1888-I9IO  79 

In  1899  (ch.339,  May  3)  the  provisions  of  the  Australian  bal- 
lot law  (as  codified  in  chapter  5  of  the  Wisconsin  Statutes  of 
1898)  were  applied  to  "  all  elections  of  town  officers  in  towns 
having  an  incorporated  city  or  village  which  operates  jointly  with 
the  town  in  such  elections,"  but  a  few  modifications  of  these  pro- 
visions, as  applied  to  town  elections,  were  made  by  the  act  itself 
with  reference  to  the  method  of  filing  certificates  of  nomination 
and  the  method  of  conducting  the  election. 

In  the  same  year  ('99  ch.349.  May  4)  the  form  of  the  general 
ballot  was  prescribed  in  somewhat  greater  detail  and  it  was  pro- 
vided that  the  blank  space  for  writing  in  another  name  and  the 
individual  voting  square  should  be  placed  under,  instead  of  after, 
the  name  of  each  candidate.  By  another  act  ('99  ch.351,  May  4) 
a  few  verbal  corrections  in  the  Wisconsin  Statutes  of  1898  were 
made. 

In  1901  (ch.457,  May  14)  the  form  of  ballot  was  again  some- 
what altered.  "  Party  circles "  were  substituted  for  "  party 
squares  "  at  the  tops  of  the  columns,  and  above  these  and  under  the 
names  of  the  parties  were  to  be  printed  the  names  of  the  party  can- 
didates for  president  and  vice-president.  Candidates  for  judicial 
and  municipal  offices  nominated  by  petition  were  to  have  their 
names  placed  on  the  judicial  and  municipal  ballots,  just  as  the 
names  of  independent  nominees  were  placed  on  the  general  ballots. 

In  the  same  year  ('01  ch.459.  May  14)  the  adoption  of  voting 
machines  of  any  type  approved  by  a  state  voting  machine  com- 
mission created  by  the  act,  by  the  common  council  of  any  city,  the 
trustees  of  any  village,  or  the  town  board  of  any  town,  was 
authorized. 

In  1903  (ch.445,  May  23)  chapter  339  of  the  laws  of  1899  ex- 
tending the  Australian  ballot  law  to  elections  of  town  officers  in 
certain  towns,  was  repealed. 

In  1905  (ch.  495,  June  20)  the  voting  machine  act  of  1901  was 
amended  to  provide  that  voting  machines  should  be  adopted  by 
towns  and  villages  only  after  a  popular  election  and  a  majority 
vote  in  favor  of  such  adoption. 

In  the  same  year  ('05  ch.522,  June  21)  provision  was  made  for 
the  submission  to  popular  vote  of  a  law  providing  for  a  "  pocket 
ballot "  and  "  coupon  voting  system  "  invented  by  Mr  Moncena 
Dunn  of  Marshfield,  Wis.  The  ballot  was  to  consist  of  a  num- 
ber of  differently  colored  cardboard  sheets,  one  for  each  party 
and  one  for  "  individual  nominations."     These  sheets  were  to  be 


8o  NEW  YORK  STATE  LIBRARY 

fastened  together  at  the  top  in  such  a  way  that  the  party  title  at 
the  top  of  each  sheet  should  be  left  visible.  Each  sheet  was  to 
be  divided  by  perforated  lines  into  as  many  detachable  coupons  as 
there  were  offices  or  constitutional  amendments  or  other  questions 
to  be  voted  for.  All  the  presidential  electors  of  each  party  were 
to  be  on  one  coupon  and  all  the  coupons  were  to  be  numbered  con- 
secutively, the  corresponding  coupons  being  identically  numbered 
on  all  sheets.  There  was  also  to  be  a  "  folder  or  envelope  "  with 
as  many  pockets  as  there  were  coupons  on  any  party  sheet  and 
another  plain  envelope  to  contain  all  the  unused  portions  of  the 
ballot  after  the  elector  had  voted.  There  was  to  be  a  blank  space 
under  the  name  of  each  candidate  for  writing  in  another  name. 
The  provision  as  to  candidates  nominated  by  two  or  more  parties 
was  practically  the  same  as  in  the  existing  law.  In  preparing  his 
ballot  the  voter,  if  he  wished  to  vote  a  straight  party  ticket,  was 
to  place  in  the  pocket  envelope  the  whole  of  any  party  sheet,  mark- 
ing thereon  the  question  which  he  wished  to  give  to  any  constitu- 
tional amendment  or  other  question  printed  on  the  ballot.  To  vote 
a  split  ticket,  he  was  to  detach  such  coupons  from  any  of  the  sev- 
eral party  sheets  as  contained  the  names  of  the  candidates  for  whom 
he  wished  to  vote,  or  to  write  the  names  of  the  candidates  to  be 
voted  for  in  the  blank  spaces  on  his  party  sheet.  In  counting  the 
votes,  detached  coupons  were  always  to  prevail  over  whole  party 
sheets  in  case  of  conflict  (just  as  marks  in  the.  individual  voting 
squares  usually  prevail  over  marks  made  in  the  "party  circle"). 
When  the  voter  had  prepared  the  folder  envelope  to  be  voted  he 
was  to  fold  and  seal  it,  place  all  the  unused  parts  of  the  ballot  in 
the  other  envelope  provided  for  this  purpose,  seal  the  same,  and 
return  both  envelopes  to  the  election  officers,  who  were  to  deposit 
them  in  separate  ballot-boxes.  (This  act  was  submitted  to  popular 
vote  at  the  general  election  held  on  the  first  Tuesday  in  April, 
1906,  and  was  defeated.) 

In  1907  (ch.316,  June  21)  the  voting  machine  act  of  1901,  as 
amended  in  1905,  was  again  amended  in  a  few  particulars. 

By  another  act  ('07  ch.583,  July  12)  the  form  of  ballot  was 
again  altered.  It  was  provided  that  independent  nominations 
should  be  printed  in  one  or  more  separate  columns  at  the  right  of 
the  ballot.  The  names  of  presidential  electors,  together  with  those 
of  the  candidates  of  each  party  for  president  and  vise-president, 
were  to  be  placed  at  the  bottom  of  its  list  of  candidates  just  above 
constitutional    amendments.      The    party    designations    after    the 


AMERICAN    BALLOT   LAWS,    1888-I91O  81 

names  of  "  individual "  candidates  were  done  away  with.  It  was 
provided  that  no  party  designations  were  to  be  placed  on  the 
ballots  used  in  voting  for  any  school  or  judicial  officers.  The  rules 
for  marking  the  ballot  were  also  amended. 

In  the  same  year  ('07  ch.670,  July  16)  an  act  was  passed  pro- 
viding that  in  any  city  adopting  such  act  the  ballots  at  municipal 
elections  should  be  arranged  in  the  "  office  group "  form  and 
should  be  without  party  designations  of  any  sort.  They  were  to 
contain  only  the  names  of  candidates  nominated  by  *'  nomination 
papers  "  signed  by  electors  resident  in  the  district  for  which  the 
nomination  was  made,  to  the  number  of  two  per  cent  of  the  total 
vote  cast  therein  for  governor  at  the  last  preceding  general  elec- 
tion, but  in  no  case  by  less  than  ten  electors.  In  case,  however,  a 
"  preliminary  election  "  should  have  been  held  (on  petition  signed 
by  at  least  five  per  cent  of  the  total  city  vote  for  governor  at  the 
last  preceding  general  election)  only  the  names  of  the  two  candi- 
dates for  each  office  who  should  have  received  the  highest  number 
of  votes  at  such  "  preliminary  election  "  were  to  be  placed  upon  the 
ballot. 

In  1909  (ch.545,  June  17)  the  county  board  of  any  county  was 
authorized  to  adopt  the  "  coupon  ballot "  for  use  at  general  elec- 
tions and  the  form  of  this  ballot  and  the  rules  for  its  use  when 
adopted  in  any  county  were  prescribed.  This  act  is  similar  to  the 
general  state  law  rejected  by  popular  vote  in  1906  (cf.  above),  but 
differs  from  it  in  form  and  in  certain  other  particulars.  Consti- 
tutional amendments  and  other  questions  submitted  are  not  to  be 
printed  on  the  "  coupon  ballot,''  but  on  a  separate  ballot  as  at 
present.  To  vote  for  a  person  whose  name  is  not  printed  on  the 
"  coupon  ballot,"  the  voter  is  not  to  write  in  the  name  on  one  of 
the  coupons  under  the  name  of  the  candidate  there  printed,  as  pro- 
vided in  the  act  o^  1905,  but  is  to  write  it  on  a  separate  blank  sheet, 
which  sheet  is  to   je  voted  separately  from  the  "  coupon  ballot." 

In  the  same  year  ('09  ch.483,  June  12)  it  was  provided  that  the 
names  of  all  candidates  nominated  by  non-partisan  "  nomination 
papers  "  should  be  rotated  so  as  to  appear  on  the  general,  municipal, 
school  and  judicial  ballots  in  different  order  in  the  different  assem- 
bly districts,  each  name  being  assigned  to  each  position  on  the  same 
number  of  ballots  as  each  other  name.  The  form  of  ballot  for 
school  and  judicial  officers  was  further  altered  by  the  provision  that 
no  party  designations  should  be  placed  thereon  *'  except  where  party 
nominations  have  been  made."     Also  by  the  provision  that  "  th^ 


82  NEW    YORK    STATE   LIBRARY 

names   of    non-partisan   candidates    for   the   same   office   shall   be 
placed  in  the  same  column." 

The  voting  machine  law  was  also  amended  in  several  particulars 
(ch.435,  June  15;  ch454,  June  15;  ch.  473,  June  16). 

WYOMING 

The  first  Australian  ballot  law  was  adopted  in  1890  at  the  last 
session  of  the  territorial  legislature  ('90  ch.8o,  Mar.  14).  It  pro- 
vided for  the  "  office  group  "  form  of  ballot  with  no  special  method 
of  voting  a  straight  party  ticket.  The  names  of  the  candidates  were 
to  be  arranged  in  alphabetical  order  under  the  title  of  each  office, 
each  candidate's  name  being  followed  by  the  designation  of  the 
party  or  principle  which  he  represented.  Questions  submitted  to 
popular  vote  were  to  be  printed  on  the  general  ballot,  but  local  and 
municipal  questions  were  to  be  printed  on  separate  ballots.  Each 
ballot  was  to  be  stamped  on  the  back  by  one  of  the  judges  with 
the  official  indorsement  before  being  delivered  to  a  voter.  There 
was  no  limitation  as  to  the  number  of  times  a  candidate's  name 
might  appear  on  the  ballot. 

In  1891  at  the  first  session  of  the  state  legislature  ('91  ch.ioo, 
Jan.  21),  the  act  of  1890  was  slightly  amended  in  regard  to  the 
method  of  furnishing  ballots  and  the  rules  for  marking  the  same. 

In  1895  (ch.49,  Feb.  15)  the  method  of  voting  on  constitutional 
amendments  was  prescribed.  The  publication  of  such  amendments 
was  provided  for,  and  in  this  publication  they  were  to  be  numbered 
serially,  the  numbers  to  constitute  a  part  of  each  amendment  for 
purposes  of  reference.  They  were  to  be  printed  on  the  general 
ballot  merely  by  reference  to  these  numbers. 

In  1897  (ch.53,  Feb.  24)  the  law  of  1890  was  further  amended. 
The  "  office  group  "  form  of  ballot  was  abandoned  and  the  "  party 
column "  form,  with  special  squares  for  voting  a  straight  party 
ticket,  adopted.  Only  parties  which  had  cast  at  least  ten  per  cent 
of  the  total  vote  at  either  of  the  two  preceding  general  elections 
were  to  be  given  separate  party  columns.  One  or  more  columns 
for  independent  nominations  were  to  be  placed  at  the  right  of  the 
ballot.  It  was  provided  that  no  candidate's  name  should  appear  on 
the  ballot  in  more  than  one  column.  The  order  of  the  several  col- 
umns was  to  be  the  same  as  at  present.  The  order  of  the  several 
offices  on  the  ballot  was  prescribed  by  the  act  itself. 

In  1901  (ch.69,  Feb.  16)  it  was  provided  that  when  city  elections 
in  cities  of  10,000  inhabitants  or  over,  incorporated  under  special 


AMERICAN    BALLOT   LAWS,    1888-I9IO  83 

charters,  were  to  be  held  on  the  same  day  as  a  state  and  county- 
election,  the  names  of  the  candidates  for  city  offices  should  be 
printed  on  the  general  ballot  with  those  of  other  candidates. 

In  1905  (ch.2i,  Feb.  lo)  it  was  provided  that  all  parties  which 
had  cast  at  least  two  per  cent  of  the  total  vote  in  the  state  at 
either  of  the  last  two  preceding  general  elections  should  have  sep- 
arate columns  on  the  ballot. 

In  1907  (ch.54,  Feb.  i6)  it  was  provided  that  the  judges  should 
see  that  the  official  indorsement  appeared  on  the  back  of  each 
ballot  before  depositing  the  same  in  the  ballot-box. 


Part 


CLASSIFICATION  AND  SUMMARY 

Condition  of  the  ballot  laws    in  the  48  states   and  territories  at 
the  end  of  each  year  from  1888  to  1909  inclusive 

EXPLANATION 

The  name  of  a  state  underlined  means  that  the  ballot  law  of  this  state 
applied  only  to  cities  of  over  a  certain  size,  or  to  cities  and  counties  of  over 
a  certain  size,  or  to  one  or  more  designated  counties  or  cities;  in  other  words, 
only  to  certain  localities  and  not  to  the  state  as  a  whole.  Where  the  law 
applied  at  first  only  to  national,  state  and  county  elections,  and  not  to  city 
or  town  elections,  as,  for  example,  in  Massachusetts,  Oregon,  Rhode  Island 
and  Wisconsin  —  in  other  words,  where  only  certain  local  elections  were 
excluded  from  its  provisions  —  no  special  method  has  been  adopted  for 
calling  attention  to  this  fact.  In  almost  all  the  states,  indeed,  at  the  present 
time  certain  minor  local  elections,  such  as  those  of  school  or  road  officers, 
or  officers  of  towns  and  cities  under  a  certain  size,  are  excluded  from  the 
application  of  the  Australian  ballot  law. 

The  name  of  a  state  printed  in  this  type  and  starred  (*)  means  that  the  law 
enacted  in  this  year  was  the  first  Australian  ballot  law,  or  law  embodying 
certain  features  of  the  Australian  system,  ever  enacted  in  this  state. 

The  name  of  a  state  printed  in  italics  means  that  in  this  year  this  state 
abandoned  one  form  of  ballot  and  adopted  another. 

"  A."  Columns  marked  A  show  those  states  in  which  the  arrangement  of 
the  ballot  was  combined  with  special  provision  for  voting  a  straight  ticket 
by  a  single  cross  mark  or  other  simple  method. 

"  B."  Columns  marked  B  show  those  states  in  which  the  arrangement  of 
the  ballot  was  combined  with  no  special  provision  for  voting  a  straight  ticket 
by  a  single  cross  mark  or  other  simple  method. 

"  Local."  Column  7  shows  those  states  where  the  Australian  ballot  law 
applied  only  to  one  or  more  localities. 

"  Compromise  Laws  "  are  those  containing  only  certain  features  of  the 
Australian  system. 

"  No  Provision."  The  last  column  shows  those  states  having  no  provision 
for  official  ballots  of  any  sort. 

In  the  last  four  columns  the  figures  show  the  number  of  states  in  each 
classification. 

.84 


AMERICAN    BALLOT   LAWS,    1 888-1 9 10 


85 


PARTY    COLUMN 
ARRANGEMENT 

OFFICE    GROUP 
ARRANGEMENT 

AUSTRA- 
LIAN 
BALLOT 
LAWS 

COMPRO- 
MISE 
LAWS 

NO 
PRO- 
VISION 

A 

B 

A 

B 

1 

1888 

♦Ky.i 
♦Mass. 

I 

I 

46 

♦Ind. 

♦M0.2 

♦Men. 
♦Minn.3 

Mass. 
♦R.  L 
♦Wis. 

Ky.x 
♦Tenn.< 

s 

4 

♦ct. 

1889 

38 

1890 

Ind. 
♦Okl. 
♦Md.s 

M0.2 

Men. 
♦Wash. 

Minn.3 

Mass. 
♦Miss. 

R.  I. 
♦Vt. 

Wis. 
♦Wy. 

Ky.x 

Tenn.* 

10 

5 

Ct. 
♦N.   T. 

♦N.  V. 

30 

I89I 

♦Col. 
♦Del. 
♦111. 

Ind. 
♦Me. 
♦Mich. 

Mo. 
♦0. 

Okl. 
♦Pa.' 

Wash. 
♦W.  Va. 

Wis. 

Md.6 

♦Id. 

♦Cal. 

Men. 
♦N.  D. 

♦Ari. 
♦Ark. 

Mass. 

Minn. 

Miss. 
♦Neb. 
♦Nev. 
♦N.  H. 
♦Or. 

R.  I. 
♦S.  D. 

Vt. 

Wy. 

Ky.x 

Tenn.* 

30 

3 

Ct. 
N.J. 

N.  Y. 

13 

*  The  first  Kentucky  law  applied  only  to  municipal  elections  in  the  city  of  Louisville. 
In  1890  similar  laws  were  enacted  for  four  other  cities.  In  1892  a  state-wide  law  was 
adopted. 

2  The  first  Missouri  law  applied  only  to  cities  and  towns  of  over  5000  inhabitants.  In 
1 89 1  a  state- wide  law  was  enacted. 

*  The  first  Minnesota  law  applied  to  only  cities  of  10,000  inhabitants  or  over.  In  1891 
a  state-wide  law  was  enacted. 

*  The  Tennessee  law  originally  applied  only  to  counties  of  over  70,000,  and  towns  of 
over  9000  inhabitants.  In  1891  the  limit  for  counties  was  reduced  to  50,000  or  over.  In 
1897  the  application  of  the  law  was  extended  to  all  "  towns,  cities  and  civil  districts" 
having  a  population  of  2500  or  over,  the  limit  in  the  case  of  counties  remaining  at  50,000  or 
over.  In  1901  the  application  of  the  law  was  again  extended  by  chapter  147,  but  this  act 
was  declared  unconstitutional  by  the  supreme  court  in  1906,  (J.  Freeman  et  al.  v.  The  City 
of  Lawrenceburg,  case  no.  23615,  Minute  book  26,  p.  117;  not  reported  in  regular  Tennessee 
reports.)  In  1903  the  apnlication  of  the  law  was  extended  to  Montgomery  and  Henderson 
counties,  and  in  1905  to  Maury  county,  by  special  acts.  It  applies  at  present,  therefore, 
to  about  one-seventh  of  the  total  number  of  electoral  districts  in  the  state. 

*  The  Maryland  law  did  not  apply  originally  to  nine  counties  of  the  state  or  to  any  of  the 
cities,  except  five  that  were  specifically  designated.  In  1892  the  law  was  amended  to  apply 
to  the  whole  state. 

•The  Pennsylvania  law  of  1891  provided  for  a  mixed  form  of  ballot.  The  names  of  all 
party  candidates  were  arranged  in  party  groups,  with  a  special  provision  for  voting  a  straight 
ticket  by  means  of  a  single  cross  mark.  The  names  of  independent  candidates  nominated 
by  petition,  however,  were  arranged  separately  in  groups  under  the  titles  of  the  several 
otfices.     In  1893  the  straight  "  party  column  "  form  of  ballot  was  adopted. 


86 


NEW    YORK    STATE    LIBRARY 




AUSTRA- 

PARTY   COLUMN 

OFFICE  GROUP 

LIAN 

ARRANGEMENT 

ARRANGEMENT 

BALLOT 

LAWS 

COMPRO- 

NO 

DATE 

i-S 

MISE 
LAWS 

PRO- 
VISION 

A 

B 

A 

B 

3^ 

13 

Col. 

Mich. 

Id. 

Cal. 

Ari.           Nev. 

Del. 

Mo. 

Mon. 

Ark.          N.  H. 

111. 

0. 

N.  D. 

Mass.        Or. 

Ind. 

Okl. 

Minn.        R.  I. 

Ct. 

1892 

*Ia. 

Ky. 
Me. 
Md. 

Pa.o 
Vt. 

Wash. 
W.  Va. 
Wis. 
*Tex.7 

Miss.         S.  D. 
Neb.          Wy. 
Tenn.< 

33 

2 

N.  J. 
N.  Y. 

10 

Col.. 

Mo. 

Id. 

Mon. 

*Ala.           Neb. 

Dei. 

0. 

*Kans. 

Ari.           Nev. 

111'. 

Okl. 

A^.  D. 

Ark.          N.'  H. 

Ind. 

Pa. 

Cal.           Or. 

1893 

la. 

S.  D. 

Mass.        R.  I. 

Ct. 

Ky. 

Vt. 

Minn.        Wy. 

35 

2 

N.J. 

N.  Y. 

8 

Me. 

Wash. 

Miss. 

Md. 

W.  Va. 

Tenn.< 

Mich. 

Wis. 
Tex.7 

Del. 

Mo. 

Id. 

Col. 

Ala.           Neb. 

111. 

0. 

Kan. 

Mon. 

Ari.           Nev. 

Ind. 

Okl. 

N.  D. 

Ark.          N.  H. 

la. 

Pa. 

Cal.           Or. 

1894 

Ky. 

S.  D. 

Mass.        R.  I. 

Ct. 

Me. 

Vt. 

Minn.     *Va. 

36 

2 

N.  J. 

7 

Md. 

Wash. 

Miss.         Wy. 

N.  Y. 

Mich. 

W.  Va. 
Wis. 
Tex.7 

Tenn.'' 

Ari. 

Mon. 

Id. 

Col. 

Ala.           Neb. 

Del. 

N.    Y. 

Kan. 

Wash. 

Ark.          Nev. 

111. 

0. 

N.  D. 

Cal.           N.-H. 

Ind. 

Okl. 

*Fla.           Or. 

la. 

Pa. 

Mass.         R.  I. 

1895 

Ky. 
Me. 

Md. 

Mich. 

Mo. 

S.  D. 
Vt. 

W.  Va. 
Wis. 

Tex.7 

Minn.        Va. 
Miss.          Wy. 
Tenn.'i 

38 

2 

Ct. 

N.J. 

6 

Ari. 

Mon. 

Id. 

Col. 

Ala.           Neb. 

Del. 

N.  Y. 

Kan. 

*U. 

Ark.          Nev. 

111. 

0. 

N.  D. 

Wash. 

Cal.            N.  H. 

Ind. 

Okl. 

Fla.           Or. 

la. 

Pa. 

*La.             R.  I. 

Ct. 

1896 

Ky. 
Me. 

Md. 

Mich. 

Mo. 

S.  D. 

Vt. 

W.  Va. 
Wis. 

Tex.7 

Mass.        Va. 
Minn.       Wy. 
Miss. 

Tenn.< 

40 

2 

N.J. 

4 

*  The  Tennessee  law  originally  applied  only  to  counties  of  over  70,000,  and  towns  of 
over  9000  inhabitants.  In  1891  the  limit  for  counties  was  reduced  to  50,000  or  over.  In 
1897  the  application  of  the  law  was  extended  to  all  "  towns,  cities  and  civil  districts  " 
having  a  population  of  2500  or  over,  the  limit  in  the  case  of  counties  remaining  at  50,000 
or  over.  In  1901  the  application  of  the  law  was  again  extended  by  chapter  147.  but  this  act 
was  declared  unconstitutional  by  the  supreme  court  in  1906.  (J.  Freeman  et  al.  v.  The  City 
of  Lawrenceburg,  case  no.  23615,  Minute  book  26,  p.  117;  not  reported  in  regular  Tennessee 
reports.)      In  1903  the  application  of  the  law  was  extended  to  Montgomery  and  Henderson 


AMERICAN    BALLOT   LAWS,    1888-I9IO 


87 


PARTY    COLUMN 
ARRANGEMENT 

OFFICE    GROUP 
ARRANGEMENT 

AUSTRA- 
LIAN 
BALLOT 
LAWS 

COMPRO- 
MISE 
LAWS 

NO 
PRO- 

A 

B 

A 

B 

0) 

•a 

C(S 

•3 

1897 

Ari.             N.  H. 
Del.            N.  Y. 
111.               N.  D. 
Ind.            0. 
la.                Pa. 
Ky.             S.  D. 
Me.              U. 
Md.             Vt. 
Mich.          W.  Va. 
Mon.           Wis. 
Neb.           Wy. 
Tex.-' 

Id. 
Kan. 

Col. 
Wash. 

Ala.           Miss. 
Ark.          Nev. 
Cal.            Okl. 
Fla.           Or. 
La.            R.  I. 
Mass.        Va. 
Minn. 

Tenn.< 

39 

2 

Ct. 

Mo. 
N.J. 

4 

1898 

Ari.             N.  H. 
Del.             N.  Y. 
111.               N;  D. 
Ind.             0. 
la.                Pa. 
Ky.             S:  D. 
La.             U. 
Me.             Vt. 
Md.             W.  Va. 
Mich.          Wis. 
Mon.           Wy. 
Neb. 

Tex.i 

Id. 
Kar. 

Col. 
Wash. 

AIt.           Miss. 
Ark.          Nev. 
Cal.           Okl. 
Fla.           Or. 
Mass.        R.  I. 
Minn.        Va. 
Tenn< 

39 

2 

Ct. 
Mo. 

N.J. 

4 

1899 

Ari.             N.  Y. 
Del.             N.D. 
111.               0; 
Ind.              OH. 
la.                Pa. 
Ky.             S.  D. 
La.              U. 
Me.              Vt. 
Md.             W.  Va. 
Mich.          Wis. 
Mon.           Wy. 
N.  H. 

Tex.7 

Cal. 

Id. 

Kan. 

Col. 
V\ash. 

AK.           Miss. 
Ark.          Neb. 
Fla.           Nev. 
Mass.        Or. 
Minn.        R.  I. 
Va. 
Tenn." 

39 

2 

Ct. 
Mo. 
N.J. 

4 

[900 


No  changes. 


counties,  and  in  1905  to  Maury  county,  by  special  acts.  It  appli  es  at  present,  therefore 
to  about  one-seventh  of  the  total  number  of  electoral  districts  in  the  state. 

•The  Pennsylvania  law  of  1891  provided  for  a  mixed  form  of  ballot.  The  names  of  all 
party  candidates  were  arranged  in  party  groups,  with  a  special  provision  for  voting  a 
straight  ticket  by  means  of  a  single  cross  mark.  The  names  of  independent  candidates 
nominated  by  petition,  however,  were  arranged  separately  in  groups  under  the  titles  of  the 
several  offices.     In  1893  the  straight    "  party  column"  form  of  ballot  was  adopted. 

^  The  first  Texas  law  applied  only  to  cities  of  10,000  inhabitants  or  over,  and  only  on 
the  petition  of  least  500  citizens.  In  1903  a  state- wide  law  was  enacted  providing  for 
separate  official  ballots  for  each  party,  and  in  1905  this  law  was  repealed  and  the  present 
state- wide  Australian  ballot  law  enacted. 


NEW    YORK    STATE   LIBRARY 


DATE 

PARTY    COLUMN 
ARRANGEMENT 

OFFICE    GROUP 
ARRANGEMENT 

AUSTRA- 
LIAN 

BALLOT 
LAWS 

COMPRO- 
MISE 
LAWS 

NO 
PRO- 

A 

B 

A 

B 

•a 

CO 

13 

1901 

Ari.             N.D. 
Del.             0. 
111.               Okl. 
Ind.             Pa. 
la.               S.'D. 
Kau.          U-. 
Ky.             Vt. 
La.              Wash. 
Me.             W.  Va. 
Mich.          Wis. 
N.  H.         Wy. 
N.  Y. 

Tex.? 

Cal. 

Id. 

Mon. 

Col. 

Neb. 

Ala.           Miss. 
Ark.          Nev. 
Fla.           Or. 
Md.          R.  I. 
Mass.        Va. 
Minn. 

Tenn.< 

39 

2 

Ct. 

Mo. 
N.J. 

4 

No  changes. 


Ala. 

Mich'. 

Ari. 

N.  H. 

Cal. 

N.  Y. 

Del. 

N.'D. 

Id. 

Oi 

111. 

Okl. 

Ind. 

S.'D. 

la. 

U. 

Kan. 

Vt. 

Ky. 

Wash. 

La. 

W.'Va. 

Me. 

Wis. 

Wy. 

Mon, 


Col. 

Neb. 

Pa. 


Ark. 

Fla. 

Md. 

Mass. 

Minn, 


Miss. 
Nev. 
Or. 
R.  I. 
Va. 
Tenn.< 


Ct. 

Mo. 

N.  J. 
Tex. 


No  changes. 


Ala. 

N.  Y. 

Ari. 

n:d. 

Cal. 

0. 

Del. 

OM. 

Id. 

r:i. 

111. 

S.-D. 

Ind. 

Tex. 

la. 

U. 

Kan. 

Vt. 

Ky. 

Wash. 

La. 

W:  Va 

Me. 

Wis. 

Mich. 

Wy. 

N.  H. 

Mon. 


Col. 

Neb. 

Pa. 


Ark. 

Fla. 

Md. 

Mass. 

Minn. 


Miss. 
Nev. 
Or. 
Va. 

Tenn.< 


Ct. 
Mo. 
N.J. 
*N.  M. 


*  The  Tennessee  law  originally  applied  only  to  counties  of  over  70,000,  and  towns  of 
over  9000  inhabitants.  In  1891  the  limit  for  counties  was  reduced  to  50,000  or  over.  In 
1897  the  application  of  the  law  was  extended  to  all  "  towns,  cities  and  civil  districts  " 
having  a  population  of  2500  or  over,  the  limit  in  the  case  of  counties  remaining  at  50,000  or 
over.  In  1901  the  application  of  the  law  was  again  extended  by  chapter  147,  but  this  act 
was  declared  unconstitutional  by  the  supreme  court  in  1906.  (J.  Freeman  et  al.  v.  The  City 
of  Lawrenceburg,  case  no.  23615,  Minute  book  26,  p.  117;  not  reported  in  regular  Tennessee 
reports.)  In  1903  the  application  of  the  law  was  extended  to  Montgomery  and  Henderson 
counties,  and  in  1905  to  Maury  county,  by  special  acts.  It  applies  at  present,  therefore, 
to  about  one-seventh  of  the  total  number  of  electoral  districts  in  the  state. 


AMERICAN    BALLOT   LAWS,    1888-I9IO 


89 


DATE 

PARTY    COLUMN 
ARRANGEMENT 

OFFICE    GROUP 
ARRANGEMENT 

AUSTRA- 
LIAN 

BALLOT 
LAWS 

COMPRO- 
MISE 
LAWS 

NO 
PRO- 
VISION 

A 

B 

A 

B 

CO 

1 

1906 

Ala.            N.  Y. 
Ari.             N.-D. 
Cal.             0. 
Del.             Okl. 
Id.              R.'I. 
111.              S.'D. 
Ind.            Tex. 
Kan.           U. 
Ky.             Vt. 
La.              Wash. 
Me.             W.Va. 
Mich.          Wis. 
N.  H.         Wy. 

Iowa. 
Men. 

Col. 

Neb. 

Pa. 

Ark.         Miss. 
Fla.           Nev. 
Md.           Or. 
Mass.        Va. 
Minn. 

Tenn.* 

40 

I 

Ct. 

Mo. 

N.  J. 
N.  M. 

3 

No  changes. 


No  changes. 


Ala. 

N..Y. 

la. 

Col. 

Ark.          Miss. 

Ari. 

n:d. 

Men. 

Neb. 

Fla.          Nev. 

Cal. 

0. 

Pa. 

Md.           Okl. 

Ct. 

R.-I. 

Mass.        Or. 

Del. 

s.-d. 

Minn.       Va. 

Id. 

T6X. 

Tenn.« 

Mo. 

1909 

111. 

U. 

41 

2 

N.J. 

N.  M. 

2 

Ind. 

Vt. 

Kan. 

Wash. 

Ky. 

W.-Va. 

La. 

Wis. 

Me. 

Wy. 

Mich. 

♦N.  C.» 

N.  H. 

Ala. 

N.«Y. 

la. 

Col. 

Ark.          Miss. 

Ari. 

n:  d. 

Mon. 

Neb. 

Fla.           Nev. 

Cal. 

0. 

Pa. 

Md.           Or. 

Ct. 

Okl. 

Mass.        Va. 

Del. 

Rtl. 

Minn. 

Id. 

s.»d. 

Tenn.< 

Mo. 

111. 

Tex. 

41 

2 

N.J. 

2 

I9IO 

Ind. 

U. 

N.  M. 

(Ga.) 
(S.  C.) 

Kan. 

Vt. 

Ky. 

Wash. 

La. 

W.  Va. 

Me. 

Wis. 

Mich. 

Wy. 

N.  H. 

N.  C.8 

^  The  first  Texas  law  applied  only  to  cities  of  10,000  inhabitants  or  over,  and  only  on 
the  petition  of  at  least  500  citizens.  In  1903  a  state- wide  law  was  enacted  providing  for 
separate  official  ballots  for  each  party,  and  in  1905  this  law  was  repealed  and  the  present 
state- wide  Australian  ballot  law  enacted. 

'  The  North  Carolina  law  of  1909  applies  only  to  New  Hanover  county. 


Part  3 

DIGEST  OF  BALLOT  LAWS 

This  part  contains  a  digest  of  chief  features  of  existing  state 
ballot  laws  arranged  for  each  state  under  the  following  subheads: 
Constitutional  provisions 

Procedure  by  which  names  of  candidates  are  placed  on  ballot 
Form  of  ballot 
Rules  for  marking  the  ballot 

ALABAMA 
Constitutional  provisions 

"All  elections  by  the  people  shall  be  by  ballot  .  .  ."  (Const. 
1901  art.8  §  179).  "  Upon  the  ballots  used  at  all  elections  provided 
for  in  section  284  of  this  Constitution  [i.  e.  ballots  for  constitutional 
amendments],  the  substance  or  subject-matter  of  each  proposed 
amendment  shall  be  so  printed  that  the  nature  thereof  shall  be 
clearly  indicated.  Following  such  proposed  amendment  on  the  bal- 
lot shall  be  printed  the  word  '  Yes '  and  immediately  under  that 
shall  be  printed  the  word  *  No.'  The  choice  of  the  elector  shall 
be  indicated  by  a  cross  mark  made  by  him  or  under  his  direction 
opposite  the  word  expressing  his  desire  ..."  (Const.  1901  art.  18 

§  285). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

By  certificate  of  nomination,  signed  by 

1  Presiding  officer  and  secretary  of  any  caucus,  convention,  mass 

meeting  or  other  assembly  of  any  political  party  or  faction  in 
the  state. 

2  Chairman  and  secretary  of  the  canvassing  board  of  any  direct 

primary  election. 

3  Qualified  electors  to  the  number  of : 

(a)   for  a  state  or  federal  office,  300;    (b)    for  a  county  or 
municipal  office,  25. 
Filed  with  the  secretary  of  state  or  the  probate  judges  of  the 
several  counties  [P.  C.  §  372;  Laws  1903  p.438  §  60]. 

Form  of  ballot 

I  Official;  prepared  and  distributed  by  the  probate  judges  of  the 
several  counties   (or,  for  separate  municipal  elections,  by  the 

90 


AMERICAN   BALLOT   LAWS,    1888-I9IO  9I 

mayors  or  other  executive  officers  of  cities  or  towns)  at  public 
expense  [P.  C.  §  372,  389,  391,  394-95 :  Laws  1903  p.438  §  60, 
65,  67,  70,  71]  ;  obtainable  by  the  voters  only  from  the  election 
officers,  at  the  polls,  on  election  day  [P.  C.  §  389,  399;  Laws 

1903  P438  §  75]- 

2  Blanket  [P.  C.  §  378;  Laws  1903  p.438  §  62]. 

3  Party  column;  emblems;  column  for  independent  nominations  at 

right  of  party  columns   [P.  C.  §  379,  380;  Laws  1903  p.438 

§63]. 

4  Special  circles  for  voting  a  straight  party  ticket   [P.  C.  §  381 ; 

Laws  1903  p.438  §  64]. 

5  No  candidate's  name  is  to  appear  in  more  than  one  place  on  the 

ballot,  or  under  more  than  one  emblem  [Acts  1909  p.277] .  No 
provision  as  to  which  emblem  a  candidate's  name  is  to  be  placed 
under  in  case  he  is  nominated  by  two  or  more  parties. 

6  Blank  column  at  right  of  ballot  for  writing  in  names   [P.  C. 

§  379-80;  Laws  1903  p.438  §  63]. 

7  Each  ballot  provided  with  a  detachable  stub  on  which  one  of  the 

inspectors  must  write  his  name  or  initials  before  delivering  the 
ballot  to  a  voter  [P.  C.  §  393,  399;  Laws  1903  p.438  §  69,  75]. 
Ballots  to  be  numbered  in  the  order  of  voting,  the  number 
being  written  in  ink  on  the  back  of  the  ballot  itself.  A  voter 
may  also  write  his  name  on  his  ballot.  [P.  C.  §  354;  Laws 
1903  P438  §  343^1- 

8  No  provision  for  any  printed  indorsement  on  the  back,  or  out- 

side of,  the  ballot. 

9  No  provision  for  separate  ballots  for  any  local  or  other  officers 

voted  for  at  general  elections.  Constitutional  amend- 
ments and  other  questions  submitted  are  printed  on  the  general 
ballot  in  a  separate  column  at  the  right,  "  the  substance  or  sub- 
ject-matter of  each  "  being  "  so  printed  that  the  nature  thereof 
shall  be  clearly  indicated."  [P.  C.  §  390;  Laws  1903  p.438 
§  66]. 

10  No  provision  for  the  printing,  distribution  or  posting  of  sample 

ballots. 

Rules  for  marking 

To  vote  a  straight  party  ticket  the  voter  is  to  put  a  cross  mark  in 
the  party  circle.  If  he  wishes  to  split  his  vote,  he  may,  besides  the 
cross  in  the  party  circle,  put  a  cross  mark  in  the  circle  before  the 
name  of  any  individual  candidate  on  any  other  ticket;  but  if  two  or 
more  persons  are  to  be  elected  to  one  office  and  he  votes  for  one 


92  NEW  YORK  STATE  LIBRARY 

or  more  candidates  for  such  office  on  another  ticket,  he  must  erase 
an  equal  number  of  names  of  candidates  for  the  same  office  on  his 
own  party  ticket.  The  voter  may  also  vote  a  split  ticket  by  putting 
cross  marks  only  before  the  names  of  the  individual  candidates, 
leaving  the  party  circle  unmarked;  or  he  may  write  in  the  blank 
column  the  name  of  any  person  whose  name  is  not  printed  on  the 
ballot.  The  voter  may,  if  he  chooses,  leave  any  office  blank  by 
marking  in  the  party  circle  and  erasing  the  name  of  the  party  can- 
didate for  such  office.  [P.  C.  §  381-87,  390;  Laws  1903  p.438  §  63, 
66]. 

ARIZONA 

Constitutional  provisions 

The  organic  law  of  the  territory  contains  no  provisions  as  to 
ballots. 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

1  On  canvass  of  the  returns  of  direct  primary  elections  by  county 

and  city  boards  of  canvassers,  and  on  certification  to  the  board 
of  supervisors  of  each  county,  by  the  secretary  of  the  terri- 
tory, of  the  names  of  the  candidates  nominated  for  territorial 
offices  or  offices  of  any  district  larger  than  a  county  (Laws 
1909  ch.24  §  13-15). 

2  By  certificate  of  nomination  signed  by  voters  residing  within 

the  political  division  for  which  the  nomination  is  made,  to 
the  number  of  at  least  i^  of  the  entire  vote  cast  at  the  last 
preceding  election  in  such  political  division  (R.  S.  §  2320; 
Laws  1891  no.64  §  6).  Filed  with  the  secretary  of  the  terri- 
tory, the  board  of  supervisors  of  a  county  or  the  recorder 
or  clerk  of  a  city,  village  or  town  (R.  S.  §  2319;  Laws  1891 
no.64  §  5). 

Form  of  ballot 

1  Official;   prepared    and    distributed   by   the    county   boards   of 

supervisors,  or,  for  municipal  elections,  by  the  recorders  or 
clerks  of  the  several  towns,  cities  or  villages,  at  public  expense 
(R.  S.  §  2316,  2329,  2334;  Laws  1891  no.64  §  I,  15,  21); 
obtainable  by  the  voters  only  at  the  polling  places  and  from 
the  election  officers  (R.  S.  §  2338,  2348;  Laws  1891  no.64 
§  25,  36). 

2  Blanket  (R.  S.  §  2330;  Laws  1891  no.64  §  ^-7,  1895  no.44  §  i). 

3  Party  column-,  emblems.     No  special  arrangement  of  columns 

prescribed  (R.  S.  §  2330). 


AMERICAN    BALLOT   LAWS,    1888-I9IO  93 

4  Special    squares    for    voting    a    straight    party    ticket    (R.    S. 

§  2330-31 ;  Laws  1891  no.64  §  17,  26,  1895  no.44  §  i,  2). 

5  No  limitation  as  to  the  number  of  times  a  candidate's  name  may 

appear  on  the  ballot. 

6  Blank  spaces  under  the  names  of  the  several  candidates   for 

writing  in  names  (R.  S.  §  2330). 

7  The  ballots  are  provided  with  detachable  stubs  which  are  con- 

secutively numbered  and  which  are  also  to  be  numbered  by 
the  ballot  clerk  according  to  the  registration  book.  The  names 
of  the  voters  are  to  be  numbered  on  the  poll  lists  with  the 
consecutive  numbers  which  are  on  the  stubs  of  the  ballots 
delivered  to  them.  The  ballot  clerk  is  also  to  write  his  name 
on  each  stub  before  delivering  the  ballot  to  the  voter.  The 
stub  is  to  be  torn  off  by  one  of  the  inspectors  before  the 
ballot  is  deposited  in  the  ballot-box.  (R.  S.  §  2330,  2338; 
Laws  1891  no.64  §  17  (as  amended  by  Laws  1895  no.44  §  1), 
§  18  (not  reprinted  in  R.  S.),  §  25). 

8  Each  ballot  to  have  printed  on  the  back,  across  the  perforated 

line  separating  it  from  the  stub  and  at  right  angles  thereto, 
the  official  title  and  a  facsimile  of  the  signature  of  the  officer 
causing  the  ballots  to  be  printed,  together  with  the  words 
"official  ballot,."  the  date  of  the  election  and  the  designation 
of  the  district  or  precinct  in  which  it  is  to  be  used   (R.  S. 

§  2330). 

9  No  provision  for  separate  ballots  for  any  local  or  other  officers 

voted  for  at  general  elections.  Questions  submitted 
to  popular  vote  printed,  by  brief  title  only,  at  the  foot  of  the 
general  ballot.  (R.  S.  §  2327,  2330;  Laws  1891  no.64  §  13). 
10  Five  sample  ballots  to  be  provided  for  each  polling  place ;  to  be 
printed  on  muslin  or  cloth,  but  to  be  in  all  other  respects  the 
same  as  the  official  ballots  (R.  S.  §  2330). 

Rules  for  marking 

The  instructions  are  as  follows :  "  To  vote  the  straight  ticket  of 
any  party,  place  an  X  in  the  square  underneath  the  vignette  and 
name  of  the  party  or  organization  for  which  you  wish  to  vote.  If 
you  do  not  wish  to  vote  the  straight  ticket,  put  an  X  in  the  square 
before  the  name  of  each  candidate  that  you  wish  to  vote  for  on  the 
entire  ticket.  If  you  wish  to  vote  for  a  person  whose  name  is  not 
printed  on  the  ballot,  write  such  name  in  the  blank  space  opposite 
the  office  he  is  a  candidate  for."     (R.  S.  §  2331 ;  Laws  1895  no.44 


94  NEW    YORK    STATE    LIBRARY 

§  2.     But  cf,  R.  S.  §  2339;  Laws  1891  no.64  §  26,  which  is  not 
entirely  consistent  with  §  2331), 

ARKANSAS 
Constitutional  provisions 

"All  elections  by  the  people  shall  be  by  ballot.  Every  ballot  shall 
be  numbered  in  the  order  in  which  it  shall  be  received,  and  the 
number  recorded  by  the  election  officers  on  the  list  of  voters  op- 
posite the  name  of  the  elector  who  presents  the  ballot."  (Const. 
1874  art.3  §  3). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

By  certificate  of  nomination,  signed  by 

1  The  canvassing  board  of  a  direct  primary  election. 

2  The  chairman  and  secretary  of  any  nominating  convention  held 

by  the  authority  of  any  organized  political  party  in  the  state 
or  in  any  subdivision  thereof. 

3  Qualified  voters  to  the  number  of  *. 

(a)  for  a  state,  district  or  county  office,  not  more  than  1000 

nor  less  than  50. 

(b)  for  a  town,  city  or  ward  office,  not  more  than  50  nor 

less  than  10. 
Filed  with  the  secretary  of  state  or  the  board  of  county  election 
commissioners  of  any  county  (Kirby's  Digest  §  2yyy,  2779;  Laws 
1891  no.30  §  22). 

Form  of  ballot 

1  Official;  prepared  and  distributed  by  the  several  boards  of  county 

election  commissioners  at  public  expense  (Kirby's  Digest 
§  2787-89;  Laws  1 89 1  no.30  §  19-20,  and  §  29  as  amended 
March  26,  1891)  ;  obtainable  by  the  voters  only  on  election 
day,  at  the  polling  places  and  from  the  election  officers  (Kir- 
by's Digest  §  2817,  2820-21 ;  Laws  1891  no.30  §  32,  35-36). 

2  Blanket  (Kirby's  Digest  §  2790;  Laws  1891  no.30  §  21). 

3  Office  group;  method  of  arranging  the  candidates'  names  under 

each  office  not  expressly  prescribed;  order  of  offices  left  to 
the  officer  charged  with  printing  the  ballots.  No  provision  in 
the  text  about  party  designations,  but  in  the  appended  "  form  " 
each  candidate's  name  is  followed  by  that  of  his  party,  ab- 
breviated. (Kirby's  Digest  §  2792;  Laws  1891  no.30  as 
amended  by  no. 73). 

4  No  special  provision  for  voting  a  straight  party  ticket. 


AMERICAN    BALLOT   LAWS,    1888-I91O  95 

5  No  express  provision  that  a  candidate's  name  is  to  appear  but 

once  on  the  ballot. 

6  Blank  spaces  under  each  office  group  for  writing  in  names,  as 

many  as  there  are  persons  to  be  elected  to  such  office  (Kirby's 
Digest  §  2790). 

7  No  provision  for  detachable  stubs.     One  of  the  election  judges 

must  write  his  name  or  initials  on  the  back  of  each  ballot  be- 
fore delivering  it  to  a  voter.  When  the  ballots  are  returned, 
and  before  they  are  deposited  in  the  ballot-box,  they  are  to  be 
numbered  consecutively  on  the  backs,  in  the  order  of  voting. 
(Kirby's  Digest  §  281 1,  2815,  2817;  Laws  1891  no.30  §  32, 
1875  P-92  §  27,,  31.    Cf.  Const,  art.3  §  3). 

8  No  provision  for  any  printed  indorsement  on  the  back,  or  out- 

side, of  the  ballot. 

9  No   separate   ballots    for   local   or   other   officers   voted    for   at 

general  elections.  Constitutional  amendments  and  other 
questions  submitted  are  printed  on  the  general  ballots  by  very 
brief  titles,  as,  for  example,  "  For  Amendment  No.  9," 
"Against  Amendment  No.  10."  (Kirby's  Digest  §  2785;  Laws 
1891  no.30  §  27.     Cf.  also  the  ballots  themselves). 

10  No  provision  for  the  printing,  distribution,  or  posting  of  sample 

ballots. 

Rules  for  marking 

The  voter  "  shall  scratch  off,  erase  or  cross  out  the  names  of 
all  candidates  except  those  for  whom  he  wishes  to  vote,  and  write 
the  name  of  any  person  for  whom  he  may  wish  to  vote  whose 
name  is  not  printed  where  he  would  have  it,  or  not  printed  on  the 
ballot  at  all.  In  the  case  of  a  constitutional  amendment  or  other 
question  .  .  .  the  elector  shall  cross  out  parts  of  his  ballot  in 
such  manner  that  the  remaining  part  shall  be  as  he  wishes  to  vote." 
No  voting  squares  are  provided  for  opposite  the  names  of  the  candi- 
dates.    (Kirby's  Digest  §  2817;  Laws  1891  no.30  §  32). 

CALIFORNIA 
Constitutional  provisions 

"All  elections  by  the  people  shall  be  by  ballot,  or  by  such  other 
method  as  may  be  prescribed  by  law ;  provided,  that  secrecy  in 
voting  be  preserved"  (Const.  1879  art.2  §  5;  amendment  adopted 
Nov.  3,  1896). 

"  The  inhibitions  of  this  constitution  to  the  contrary  notwith- 
standing, the  legislature  shall  have  power  to  provide  that  in  differ- 


96  NEW   YORK    STATE   LIBRARY 

ent  parts  of  the  state  different  methods  may  be  employed  for  re- 
ceiving and  registering  the  will  of  the  people  as  expressed  at  elec- 
tions, and  may  provide  that  mechanical  devices  may  be  used  within 
designated  subdivisions  of  the  state  at  the  option  of  the  local  au- 
thority indicated  by  the  legislature  for  that  purpose"  (Const.  1879 
art. 2  §  6;  amendment  adopted  Nov.  4,  1902). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

1  On  canvass   (by  a  county  board  of  supervisors,  the  board  of 

election  commissioners  of  any  city  and  county,  or  the  officers 
charged  by  law  with  the  duty  of  canvassing  the  returns  of 
a  municipal  primary  election)  of  the  returns  of  a  direct 
primary  election  and  statement  of  the  candidates  nominated 
thereat  for  local  offices;  and  on  certification  by  the  secretary 
of  state  of  the  candidates  nominated  thereat  for  offices  voted 
for  in  more  than  one  county  (Laws  1909  ch.405  §  22-23). 

2  By  certificate  of  nomination,  signed  by  electors  to  a  number 

equivalent  to  at  least  3^  of  the  total  vote  at  the  last  preced- 
ing election  in  the  state,  or  in  the  political  subdivision  thereof 
for  which  the  nomination  is  made  (P.  C.  §  1188;  Laws  1891 
ch.130  as  amended  by  1893  ch.220,  1899  ch.33,  1901  ch.187, 
1907  ch.345  §  7).  Filed  with  the  secretary  of  state,  the 
county  clerk  of  any  county,  or  the  clerk  or  secretary  of  the 
legislative  body  of  any  incorporated  city  or  town  (P.  C. 
§  1 189;  Laws  1891  ch.130). 

Form  of  ballot 

1  Official;  prepared  and  distributed  by  the  county  clerks,  or  by 

the  clerks  of  the  legislative  bodies  of  incorporated  cities  or 
towns  (or  by  the  registrars  of  voters  of  counties,  or  consoli- 
dated cities  and  counties,  having  such  officers)  (P.  C.  §  1196, 
1201,  1216;  Laws  1891  ch.130  as  amended  by  1899  ch.ioi)  ; 
obtainable  by  the  voters  only  from  the  election  officers,  at  the 
polling  places,  on  election  day  (P.  C.  §  1204  and  1215;  Laws 
1891  ch.130  as  amended  by  1895  ch.216,  1899  ch.53  and  1905 
ch.230) . 

2  Blanket  (P.  C.  §  1197;  Laws  1891  ch.130  as  amended  by  1893 

ch.220,  1899  ch.ioi,  1903  ch.134). 

3  Party  column;  without  emblems;  columns  arranged  from  left 

to  right  according  to  the  size  of  the  vote  cast  by  the  several 
parties  for  governor  at  the  last  preceding  election,  the  party 


AMERICAN    BALLOT   LAWS,    1 888-1 9 10  97 

which  polled  the  largest  vote  being  placed  first,  and  so  on 
(P.  C  §  ii97subd.i,2). 

4  Special  circles  for  voting  a  straight  party  ticket  (Code  §  1197 

subd4). 

5  Blank  column  at  the  right  of  the  ballot  for  writing  in  names 

(P.C  §  1197  subd.3). 

6  No  limitation  as  to  the   number  of  times  that  a  candidate's 

name  may  appear  on  the  ballot. 

7  Each  ballot  provided  with  a  detachable  stub  or  strip  at  the 

right-hand  side  of  the  ballot,  as  well  as  with  one  which 
remains  in  the  stub-book.  Both  numbered  consecutively. 
When  a  set  of  ballots  is  delivered  to  a  voter,  the  numbers 
on  the  stubs  are  entered  opposite  his  name  on  the  register, 
and  when  the  ballots  are  returned  by  him,  their  stub  num- 
bers are  compared  with  those  on  the  register  before  they 
are  deposited  in  the  ballot-box.  (P.  C.  §  1197  subd.6,  §  1205; 
Laws  1891  ch.130,  1893   ch.220,  1899  ch.ioi,  1903  ch.134). 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words 

"  General  Ticket "  or  ''  Municipal  Ticket,"  and  the  number 
of  the  congressional,  senatorial  and  assembly  district  in 
which  it  is  to  be  used  (P.C.  §  1197  subd.  6).  Special 
watermarked  paper  is  also  used  and  the  watermark  shows 
on  the  outside  of  the  ballot  when  the  ballot  is  folded  (P.  C. 
§  1 196). 

9  Separate  ballots,  on  paper  of  a  different  color  from  that  of  the 

general  ballots,  are  provided  for  city,  and  city  and  county, 
officers  (P.  C.  §  1197  subd.6).  Constitutional  amendments 
and  other  questions  printed  on  the  general  ballots,  the 
former  by  reasonably  full,  the  latter  by  very  brief,  titles 
(P.  C.  §  1 197  subd.9). 
10  Sample  ballots,  equal  in  number  to  the  official  ballots,  printed 
on  plain  white  paper  without  watermark,  and  with  the  words 
"  Sample  ballot "  on  the  back.  For  five  days  before  the  elec- 
tion, any  voter  can  obtain  one  of  these  sample  ballots  from 
the  officer  charged  with  printing  the  ballots.  (P.  C.  §  1210; 
Laws  1891  ch.130  as  amended  by  1899  ch.ioi). 

Rules  for  marking 
To  vote  a  straight  ticket,  the  voter  is  to  stamp  a  cross  in  one 
of  the  party  circles,  or  crosses  in  the  voting  squares  opposite  the 
names  of  all  the  candidates  of  his  party.     To  vote  a  split  ticket. 


98  NEW    YORK    STATE    LIBRARY 

he  is  to  stamp  crosses  in  the  voting  squares  opposite  the  names 
of  the  individual  candidates  of  each  party  for  whom  he  wishes 
to  vote,  or  he  may  write  in  the  blank  column  the  name  of  any 
person  not  printed  on  the  ballot.  When  two  or  more  persons  are 
to  be  elected  to  one  office,  the  voter  must  stamp  crosses  opposite 
the  names  of  as  many  individual  candidates,  whether  of  his  own 
party  or  of  any  other,  as  there  are  persons  to  be  elected  to  such 
office.  In  the  case  of  a  constitutional  amendment  or  other  ques- 
ticn,  the  voter  is  to  stamp  a  cross  in  the  square  opposite  the 
answer  which  he  wishes  to  give.  (P.  C.  §  1205;  Laws  1891  ch.130 
as  amended  by  1893  ch.220,  1899  ch.ioi,  1903  ch.134). 

COLORADO 
Constitutional  provisions 

"All  elections  by  the  people  shall  be  by  ballot,  and  in  case  paper 
ballots  are  required  to  be  used,  every  ballot  shall  be  numbered  in 
the  order  in  which  it  shall  be  received,  and  the  number  recorded 
by  the  election  officers  on  the  list  of  voters  opposite  the  name  of 
the  voter  who  presents  the  ballot.  .  .  Nothing  in  this  section, 
however,  shall  be  construed  to  prevent  the  use  of  any  machine 
or  mechanical  contrivance  for  the  purpose  of  receiving  and  regis- 
tering the  votes  cast  at  any  election,  provided  that  secrecy  in 
voting  be  preserved."  (Const.  1876  art.7  §  8  as  amended  Nov. 
6,  1906). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

On  certificate  of  nomination,  signed  by 

1  State  and  local  boards  of  canvassers  of  a  direct  primary  election 

of  any  political  party  which  at  the  last  general  election  was 
represented  on  the  official  ballot  either  by  regular  candidates 
or  by  individual  nominees,  and  which  polled  for  its  candidate 
for  governor  lofc  of  the  total  vote  cast  at  such  election  (Laws 
1910  ch.4  §  2,  24). 

2  (In  the  case  of  officers  to  whom  the  direct  primary  law  of  1910 

does  not  apply)  the  presiding  officer  and  secretary  of  a  nom- 
inating convention  of  any  political  party  which,  at  the  last  pre- 
ceding election,  polled  at  least  10/0  of  the  entire  vote  cast  in 
the  state,  county  or  other  political  division  or  district  for 
which  the  nomination  is  made  (R.  S.  §  2151-52;  Laws  1891 
P-I43-44  §  3-4)- 


AMERICAN    BALLOT   LAWS,    1888-I9IO  99 

3  Voters  residing  in  the  political  division  or  district  for  which 
the  nomination  is  made  to  the  number  of 

(a)  for  any  office  filled  by  the  voters  of  the  entire  state,  500. 

(b)  for  any  office  filled  by  the  voters  of  any  district  less 

than  the  state  and  greater  than  a  county,  or  by  the 
voters  of  an  entire  city  or  county,  100. 

(c)  for  any  office  filled  by  the  voters  of  a  ward,  town  or 

other  division  less  than  a  county  (other  than  a  city), 

50. 
(R.  S.  §  2154;  Laws  1891  p.144  §  6). 
Filed  zvith  the  secretary  of  state,  a  county  clerk,  or  a  city  or 
town  clerk  (R.  S.  §  2153;  Laws  1891  p.144  §  5)- 

Form  of  ballot 

1  Official;  printed  and  distributed  by  county  clerks,  or  city  or 

town  clerks,  at  public  expense  (R.  S.  §  2241,  2243,  2245; 
Laws  1891  p.150  §  17,  p.153  §  21,  p.143  §  i);  obtainable 
by  voters  only  from  the  election  officers,  at  the  polling  places, 
on  election  day  (R.  S.  §  2252,  2377;  Laws  1891  p.156  §  25, 
P.164  §  37)- 

2  Blanket  (R.  S.  §  2235;  Laws  1891  p.151  §  18  as  amended  by 

1894  ch.7  §  2). 

3  Offiice  group;  names  of  candidates  arranged  under  each  office 

according  to  the  size  of  the  vote  cast  by  the  several  parties 
at  the  last  election,  the  candidate  of  the  party  which  polled 
the  largest  vote  being  placed  first  and  so  on.  No  provision 
as  to  the  order  in  which  the  several  offices  are  to  be  printed. 
(R.S.  §  2235). 

4  Special  provision  for  voting  a  straight  party  ticket  by  writing 

in  the  name  of  the  party  in  a  space  provided  for  this  pur- 
pose (R.  S.  §  2236;  Laws  1899  ch.94  §1). 

5  Blank  spaces  for  writing  in  names  at  the  end    of    each    office 

group,  as  many  as  there  are  persons  to  be  chosen  to  such  office 
(R.  S.  §  2235). 

6  No  candidate's  name  to  appear  more  than  once  on  the  ballot, 

but  to  be  followed  by  the  name  or  political  designation  of 
every  party  or  group  which  has  nominated  him  for  the  same 
office  (R.S.  §  2235). 

7  Detachable  numbered  stub  on  each  ballot,  as  well  as  another 

stub  which  remains  in  the  stub  book.  Election  officer  writes 
initials  on  stub  before  delivering  ballot  to  voter.     Ballot  has 

.    4 


IpO  NEW  YORK  STATE  LIBRARY 

a  black  square  in  upper  left-hand  corner,  and  the  number  on 
the  stub  of  each  ballot  is  written  by  the  election  officer  on 
the  back  of  this  black  square  when  the  stub  is  torn  off,  just 
before  the  ballot  is  deposited.  The  corner  is  then  folded 
over  this  number  and  pasted  down,  and^may  not  be  opened 
V  except  in  case  of  a  contested  election.  (R.  S.  §  2235,  2237, 
2252,  2259;  Laws  1891  p.156-57  §  25-26,  1894  ch.7  §  5,  1901 
ch.  72§i). 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words 

"  official  ballot  for,"  followed  by  the  designation  of  the  poll- 
ing place,  the  date  of  the  election  and  a  facsimile  of  the 
signature  of  the  officer  who  caused  the  ballots  to  be  pre- 
pared (R.  S.  §  2235). 

9  No  provision  for  any  separate  ballots  for  local  or  other  officers 

voted  for  at  general  elections.  Constitutional  amendments, 
and  other  questions  submitted,  printed  on  the  general  ballot 
by  brief  title  and  reference.  (R.  S.  §  2235  and  form  of  sam- 
ple ballot). 
10  Sample  ballots,  on  colored  paper,  but  in  same  form  as  the 
official  ballots,  to  be  provided  and  open  to  public  inspection 
before  election  day;  also  posted  up  in  polling  places  (R.  S. 
§  2241). 

Rules  for  marking 

If  the  voter  wishes  to  vote  a  straight  party  ticket,  he  is  to  write 
the  name  of  the  party  in  the  space  provided  for  the  purpose.  To 
vote  a  split  ticket,  he  is  to  put  a  cross  mark  in  the  voting  square 
opposite  the  name  of  each  candidate ;  or  he  may  write  in  the  name 
of  a  party  and  put  cross  marks  opposite  the  names  of  candidates 
of  other  parties.  If  two  or  more  persons  are  to  be  elected  to  any 
office,  and  the  voter  wishes  to  vote  for  one  or  more  candidates 
for  such  office  not  of  the  party  whose  name  he  has  written  in,  he 
must  erase  the  names  of  an  equal  number  of  candidates  for  such 
office  of  his  own  party.  The  voter  may  also  write  in  the  names 
of  persons  whose  names  are  not  already  printed  on  the  ballot. 
(R.  S.  §  2235-36,  2259). 

CONNECTICUT 
Constitutional  provisions 

"  In  all  elections  of  officers  of  the  state,  or  members  of  the 
general  assembly,  the  votes  of  the  electors  shall  be  by  ballot  "  (Const. 
1818  art.6  §  7). 


AMERICAN   BALLOT   LAWS,    l888-,^9;0  \  '/ '  ■/ ^  :  <^l^ 

"Voting  machines  or  other  mechanical  devices  for  voting  may 
be  used  in  all  elections  in  this  state,  under  such  regulations  as  may 
be  prescribed  by  law:  provided,  however,  that  the  right  of  secret 
voting  shall  be  preserved''  (Const.  1818,  amendments  art.33, 
adopted  Oct.  1905). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

By  certified  lists  of  nominees,  prepared  by  the  secretary,  and 
certified  by  the  chairman  or  presiding  officer,  of  any  caucus,  con- 
vention or  meeting  held  for  the  nomination  of  candidates  by  any 
party  or  organization  of  electors  (Pub.  Acts  1909  ch.250  §  8). 

Filed  with  the  secretary  of  state  or  the  clerk  of  a  town,  city  or 
borough  (Pub.  Acts  1909  ch.250  §  8). 

Form  of  ballot 

1  Official;  printed  and  distributed  at  public  expense  by  the  secre- 

tary of  state  (Pub.  Acts  1909  ch.250  §  i,  5-6)  ;  obtainable  by 
the  voters  only  on  election  day,  at  the  polling  places  and  from 
the  election  officers  (Pub.  Acts  1909  ch.250  §  6,  12-13,  23). 

2  BlanJset  (Pub.  Acts  1909  ch.250  §  i,  15). 

3  Party  column;  no  emblems;  columns  arranged  in  such  order 

as  the  secretary  of  state  may  direct,  ''  precedence,  however, 
being  given  to  the  party  which  polled  the  highest  number  of 
votes  for  governor  at  the  last  preceding  general  election  for 
such  office,  and  so  on  "  (Pub.  Acts  1909  ch.250  §1). 

4  Special   circles   for  voting  a   straight  party  ticket   (Pub.   Acts 

1909  ch.250  §  2). 

5  A  blank  column  at  the  right  of  the  ballot  for  writing  in  names 

(Pub.  Acts  1909  ch.250  §1). 

6  No  limitation  as  to  the  number  of  times  a  candidate's  name  may 

appear  on  the  ballot. 

7  Each  ballot  provided  with  a  detachable  stub.    All  the  ballots  for 

any  one  polling  place  are  numbered  consecutively  by  numbers 
printed  on  the  backs  of  the  stubs.  There  is  no  provision  for 
noting,  in  connection  with  the  name  of  each  voter,  the  number 
on  the  stub  delivered  to  him,  and  comparing  this  number  with 
that  on  the  stub  of  the  ballot  which  he  returns  to  be  deposited 
in  the  ballot-box,  to  insure  that  the  ballot  which  he  returns  is 
the  identical  one  given  to  him  by  the  election  officers.  The 
stub  is  merely  torn  off  before  the  ballot  is  deposited,  and  the 
voter's  name  is  checked  off  on  the  registry  list.  (Pub.  Acts 
1909  ch.250  §  2,  12,  14). 


t(3f^l  f  :;^-/^: :  n]&w  york  state  library 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words 

"  official  ballot  for,"  followed  by  the  designation  of  the  town, 
city,  borough,  ward  or  voting  district  for  which  the  ballot  is 
prepared,  the  date  of  the  election  and  a  facsimile  of  the  signa- 
ture of  the  secretary  of  state  (Pub.  Acts  1909  ch.250  §  2). 

9  No  provision  for  any  separate  ballots  for  local,  or  other,  officers 

voted  for  at  general  elections.  Pub.  Acts  1909  ch.250 
§  15).  Constitutional  amendments  and  other  questions  sub- 
mitted are  to  be  printed  on  the  general  ballot,  once  in  a  column 
in  which  the  word  "  yes  "  appears  under  each  amendment  or 
measure  and  once  in  another  column  in  which  the  word  "  no  " 
so  appears.  A  cross  in  the  circle  at  the  head  of  the  first  col- 
umn counts  as  a  vote  for,  and  a  cross  in  the  circle  at  the  head 
of  the  other  column  as  a  vote  against,  all  of  the  amendments 
or  questions  submitted;  but  each  measure  may  be  voted  on 
separately  by  a  cross  mark  in  the  individual  voting  square  op- 
posite its  title  in  either  column.  (Pub.  Acts  1909  ch.250  §  3). 
10  Sample  ballots,  similar  to  the  official  ballots  but  printed  on  pink 
paper,  are  to  be  prepared  and  furnished  by  the  secretary  of 
state,  to  the  number  of  25;^  of  the  number  of  official  ballots, 
for  general  distribution  among  the  voters.  An  additional 
supply  of  them  may  be  obtained  by  any  person  on  application 
to  the  secretary  of  state  and  payment  of  the  cost  of  printing. 
(Pub.  Acts  1909  ch.250  §  7). 

Rules  for  marking 

To  vote  a  straight  party  ticket,  the  voter  is  to  place  a  cross  mark 
in  one  of  the  party  circles.  To  vote  a  split  ticket,  he  may  either 
omit  to  mark  any  of  the  party  circles  and  place  cross  marks  only 
in  the  voting  squares  opposite  the  names  of  individual  candidates, 
or  he  may  mark  one  of  the  party  circles  and  place  additional  cross 
marks  in  the  voting  squares  opposite  the  names  of  all  the  individ- 
ual candidates  of  other  parties  for  whom  he  wishes  to  vote,  the 
marks  in  the  individual  voting  squares  taking  precedence  over  the 
cross  mark  in  the  party  circle.  If  he  uses  this  latter  method  in  the 
case  of  an  office  to  which  two  or  more  persons  are  to  be  elected, 
he  must  place  a  cross  mark  opposite  the  name  of  each  candidate  for 
such  office  for  whom  he  wishes  to  vote,  whether  of  the  party  whose 
party  circle  he  has  marked,  or  of  some  other  party.  In  no  case, 
however,  is  he  to  erase  any  name  or  put  any  mark  on  the  ballot 
other  than  a  cross  mark,  except  that,  to  vote  for  a  person  whose 


AMERICAN   BALLOT  LAWS,    1888-I9IO  IO3 

name  is  not  printed  on  the  ballot,  he  may  write  such  person's  name 
in  the  proper  space  in  the  blank  column.     (Pub.  Acts  1909  ch.250 

§  1-2). 

DELAWARE 

Constitutional  provisions 

*'  The  general  election  shall  be  held  biennially  on  the  Tuesday 
next  after  the  first  Monday  in  the  month  of  November,  and  shall 
be  by  ballot;  but  the  general  assembly  may  by  law  prescribe  the 
means,  methods  and  instruments  of  voting,  so  as  best  to  secure 
secrecy  and  the  independence  of  the  voter,  preserve  the  freedom 
and  purity  of  elections  and  prevent  fraud,  corruption  and  intimida- 
tion thereat"  (Const.  1897  art.5  §  i). 

"  In  voting  at  any  general  election,  upon  the  question,  '  Shall 
there  be  a  convention  to  revise  the  constitution  and  amend  the 
same  ? ',  the  ballots  shall  be  separate  from  those  cast  for  any  person 
voted  for  at  such  election,  and  shall  be  kept  distinct  and  apart  from 
all  other  ballots"  (Const.  1897  art.i6  §  5). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

On  certificate  of  nomination^  signed  by  the  presiding  officer  and 
secretary  of  the  proper  party  convention  or  committee  of  any  party 
representing  at  least  100  bona  fide  citizens  and  voters  of  the  county 
in  which  exists  (R.  S.  p. 175;  Laws  1891  ch.37  §  3,  4).  Filed 
with  the  clerks  of  the  peace  of  the  several  counties  of  the  state. 

Form  of  ballot 

1  Official;  printed  and  distributed  by  the  clerks  of  the  peace  of 

the  several  counties,  at  public  expense  (R.  S.  p.175,  177; 
Laws  1891  ch.37  §  4,  12)  ;  obtainable  by  the  voters  only  from 
the  election  officers  on  election  day  and  at  the  polling  places 
(R.  S.  p.178,  181-82;  Laws  1891  ch.37  §  13,  15,  23,  30). 

2  Blanket  (R.  S.  p.  176;  Laws  1891  ch.37  §  8). 

3  Party  column,  emblems;  columns  arranged  as  follows:     Demo- 

cratic first;  Republican  second;  others  in  such  order  as  the 
clerk  of  the  peace  may  decide  (R.  S.  p.176;  Laws  1891  ch.37 
§  8  as  amended  by  1897  ch.396  §  2). 

4  Special  provision  for  voting  a  straight  ticket  (same  reference). 

5  No  special  provision  for  any  blank  spaces  or  blank  column  for 

writing  in  names. 

6  No  limitation  as  to  the  number  of  times  a  candidate's  name 

may  appear  on  the  ballot. 

7  No  provision  for  detachable  stubs  or  for  any  system  of  number- 


I04  NEW  YORK  STATE  LIBRARY 

ing  the  ballots.  The  clerks  of  election  write  their  initials 
(in  their  ordinary  writing,  and  without  any  distinguishing 
mark  of  any  kind)  on  the  back  of  each  ballot  before  delivering 
it  to  a  voter ;  and,  as  each  voter  votes,  the  word  "  voted  "  is 
written  after  his  name  in  the  poll-book.  (R.  S.  p.178-79;  Laws 
1891  ch.37  §  15  (as  amended  by  1897  ch.  396  §  9),  §  19)- 

8  No  provision  for  any  printed  indorsement  on  the  back,  or  out- 

side, of  the  ballot. 

9  No  provision  for  separate  ballots  for  any  local,  or  other,  officers 

voted  for  at  general  state  elections.  Constitutional  amend- 
ments not  submitted  to  popular  vote,  but  for  the  question 
whether  or  not  there  shall  be  a  convention  to  amend  the  con- 
stitution, and  for  any  other  questions  submitted,  separate 
ballots  are  provided.  (Const.  art.i6  §  5;  Letter  from  sec.  of 
state). 
10  Sample  ballots  to  be  provided,  three  for  each  polling  place; 
printed  on  colored  paper,  but  otherwise  the  same  as  the 
official  ballots  (R.  S.  p.  179;  Laws  1891  ch.37  §  16). 

Rules  for  marking 

To  vote  a  straight  party  ticket,  the  voter  must  make  a  cross 
mark  in  the  square  inclosing  the  party  emblem.  To  vote  a  split 
ticket,  he  is  to  mark  this  square,  erase  the  name  of  any  person  in 
the  column  under  it  for  whom  he  does  not  wish  to  vote,  and  write 
in  the  name  of  any  person  already  on  the  ballot  as  a  candidate  for 
the  same  office  as  the  person  whose  name  was  erased.  If  he  zvrites 
in  any  name  not  already  on  the  ballot  as  a  candidate  for  the  office 
to  he  voted  for,  his  ballot  is  treated  as  a  marked  ballot,  and  declared 
void.  No  voting  squares  are  provided  opposite  the  names  of  the 
individual  candidates.  (Laws  1897  ch.396  §  2  as  amended  by  1901 
ch.62). 

FLORIDA 
Constitutional  provisions 

"  .  .  .  in  all  elections  by  the  people  the  vote  shall  be  by 
ballot." 

"  The  legislature  shall  enact  such  laws  as  will  preserve  the  purity 
of  the  ballot  given  under  this  constitution "  (Const.  1885  art.6 
§6,9)- 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

I   By  certificate  of  nomination,  signed  by  the  canvassing  board  of 
a'  primary  election,  or  the  presiding  officer  and  secretary  of 


AMERICAN   BALLOT  LAWS,    1888-I9IO  I05 

any  caucus,  convention,  mass  meeting  or  other  assembly,  of 
and  political  party  or  faction  in  the  state. 
2  By  written  petition^  signed  by  qualified  electors  to  the  number 
of 

(a)  for  a  federal  or  state  office,  500 

(b)  for  a  county  or  municipal  office,  25 

Filed  ivith  the  secretary  of  state,  the  board  of  commissioners  of 
a  county,  or  a  city  or  town  council. 

(G.  S.  §  212;  Acts  1895  no.7  §  30,  1897  no.23  §  10). 

Form  of  ballot 

1  Oificial;  printed  and  distributed  by  the  boards  of  commissioners 

of  the  several  counties,  and  the  councils  of  cities  and  towns, 
at  public  expense  (G.  S.  §  203,  211-12,  222;  Acts  1895  no.7 
§  7,  29-30,  :^y,  1897  no.23  §  7,  10,  11)  obtainable  by  the 
voters  only  from  the  election  officers  at  the  polls  on  election 
day  (G.  S.  §  230,  234,  3835;  Acts  1895  no.7  §  46,  53,  55, 
no.8  §  3,  1897  no.22  §  2.  The  provisions  on  this  point  are  not 
as  explicit  as  in  most  of  the  other  states). 

2  Blanket  (G.  S.  §  212,  217;  Laws  1895  no.7  §  33)- 

3  OfUce  group;  no  provision  as  to  the  order  in  which  the  candi- 

dates' names  are  to  be  arranged  under  each  office,  but  the 
order  in  which  the  several  offices  shall  be  printed  is  left  to 
the  officer  charged  with  printing  the  ballots ;  no  party  designa- 
tions after  the  candidates'  names,  nor  anywhere  else  on  the 
ballot  (G.  S.  §  217,  219-20;  Acts  1895  no.7  §  33,  35,  as 
amended  by  1907  no.  17). 

4  No  special  provision  for  voting  a  straight  party  ticket. 

5  As  many  blank  spaces  after  each  office  group   for  writing  in 

names  as  there  are  persons  to  be  elected  to  such  office  (G.  S. 
§  212). 

6  No  express  limitation  as  to  the  number  of  times  a  candidate's 

name  may  appear  on  the  ballot. 

7  Detachable  stuli  on  each  ballot.     At  least  one  of  the  election 

inspectors  writes  his  initials  on  this  stub  before  delivering 
the  ballot  to  a  voter,  and,  on  the  return  of  the  ballot,  detaches 
the  stub,  numbers  it  with  the  proper  consecutive  number,  files 
it  and  deposits  the  ballot  in  the  ballot-box.  (G.  S.  §  221,  230, 
234;  Acts   1895   no.7   §   3^,  46    (as   amended  by    1895   no.8 

§  3),  53). 

8  No  provision   for  any  printed   indorsement  on  the  outside  or 

back  of  the  ballot. 


I06  NEW  YORK  STATE  LIBRARY 

9  No  provision  for  separate  ballots  for  any  local  or  other  officers 
voted  for  at  general  election*^.  Constitutional  amend- 
ments and  other  questions  printed  on  the  general  ballot,  "  the 
substance  of  each  "  being  ''  indicated  "  (as  a  matter  of  fact, 
only  by  the  briefest  sort  of  heading).  (G,  S.  §  218;  Acts 
1895  no.7  §  34)- 
10  No  provision  for  the  printing,  distribution  or  posting  of  sample 
ballots. 

Rules  for  marking 

The  only  method  provided  for  marking  the  ballot  is  to  put  a 
cross  mark  in  the  margin  opposite  the  name  of  each  candidate  to 
be  voted  for,  or  to  write  in  the  name  of  any  person,  whose  name 
is  not  printed  on  the  ballot,  in  the  blank  space  provided  therefor 
and  make  a  cross  mark  in  the  margin  opposite  thereto.  No  voting 
squares  are  provided  for.  To  vote  on  any  question  submitted,  the 
voter  is  to  put  a  cross  mark  opposite  the  answer  which  he  desires 
to  give.     (G.  S.  §  230;  Acts  1895  no.8  §  3,  amending  1895  no.7 

§  46). 

GEORGIA 
Constitutional  provisions 

"  In  all  elections  by  the  people  the  electors  shall  vote  by  ballot " 
(Const.  1897  art.2  §  i  If  i.  An  amendment  adopted  October  1908 
altered  this  paragraph  to  read  as  follows :  "  After  the  year  1908 
elections  by  the  people  shall  be  by  ballot  .  .  .  "). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

No  provision  of  any  sort  as  to  how  the  names  of  candidates  are 
to  be  given  a  place  on  the  ballots.  All  this  is  left  to  the  several 
parties. 

Form  of  ballot 

No  provision  for  official  ballots  of  any  sort.  The  printing  and 
distribution  of  ballots  is  left  entirely  to  the  several  party  organ- 
izations or  groups  of  voters. 

The  only  statutory  provisions  dealing  with  the  form  of  ballot 
to  be  used  and  the  handling  of  ballots  on  election  day  are  as 
follows : 

"All  persons  whose  names  appear  on  the  list  of  registered  voters 
placed  in  possession  of  the  election  managers,  and  no  others,  shall 
be  allowed  to  deposit  their  ballots  according  to  law,  at  the  voting 
precinct  of  the  militia  district  or  city  ward  in  which  they  are 
registered,  but  not  elsewhere,  except  as  hereinafter  provided  "  (P.  C. 
§  60;  Acts  1894  p.  120). 


AMERICAN    BALLOT   LAWS,    1888-I9IO  IO7 

"  I  The  vote  shall  be  given  by  ballot.     .     . 

3  As  each  ballot  is  received,  the  number  of  the  voter  on  the  list 

shall  be  marked  on  his  ballot  before  being  deposited  in  the 
box. 

4  When  any  voter  is  challenged  and  sworn  it  shall  be  so  written 

opposite  his  name  on  the  list,  and  also  on  his  ballot."     (P.  C. 
§  72;  C.  1861  §  1234;  C.  1873  §  1288;  C.  1882  §  1288). 

Rules  for  marking 

No  rules  of  any  sort  as  to  marking  the  ballot.  Each  voter  may 
mark  his  ballot  where  and  as  he  pleases.  No  voting  booths  are 
provided  for  and  the  ballots  are  merely  brought  to  the  polls  on 
election  day  and  deposited. 

IDAHO 
Constitutional  provisions 

"All  elections  by  the  people  must  be  by  ballot.  An  absolutely 
secret  ballot  is  hereby  guaranteed,  and  it  shall  be  the  duty  of  the 
legislature  to  enact  such  laws  as  shall  carry  this  section  into  effect." 
(Const.  1889  art.6  §  i). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot    * 

By  certificate  of  nomination,  signed  by 

1  The  state  board  of  canvassers,  or  a  county  board  of  canvassers, 

of  a  direct  primary  election  of  any  political  party  which  at 
the  last  preceding  general  election  nominated  at  least  three 
candidates  for  state  offices,  and  polled  for  any  of  its  candi- 
dates at  least  lo;^  of  the  total  vote  cast  in  the  state  (Laws 
1909  p.  196  §  37-38). 

2  (In  the  case  of  candidates  for  city  and  town  offices,  and  can- 

didates of  parties  to  which  the  direct  primary  law  of  1909 
does  not  apply)  the  presiding  officer  and  secretary  of  any 
convention  or  primary  meeting  representing  a  political  party 
or  principle  (P.  C.  §  382-83,  391;  Laws  1899  p.33  g  16, 
17,25). 

3  Qualified   electors   residing  within   the   district   for  which   the 

nomination  is  made,  to  the  number  of 

(a)  state  office,  300 

(b)  district  office,  or  one  which  is  to  be  voted   for  by  the 

voters  of  any  political  division  including  two  or  more 
counties,   150 

(c)  county  office,  50 


I08  NEW  YORK  STATE  LIBRARY 

(d)   township,  precinct  or  ward  office,   lo 
(P-  C.  §  385;  Laws  1899  P-33  §  19). 
Filed    with    the    secretary    of    state,    a    county    auditor    or    the 
clerk  of  a  municipal  corporation    (P.  C.  §  384;  Laws  1899  p. 33 

§  18). 

Form  of  ballot 

1  Oificial;  printed  and  distributed  by  the  county  auditors  and  the 

•clerks  of  municipal  corporations,  at  public  expense  (P.  C. 
§  404,  410;  Laws  1899  p.33  §  46,  47,  53)  ;  obtainable  by  the 
voters  only  from  the  election  officers,  at  the  polls,  on  election 
day  (P.  C.  §  408,  423;  Laws  1899  p.33  §  51,  68). 

2  Blanket   (P.  C.  §  405;  Laws   1899  p.33   §  48,  as  amended  by 

1903  P-354  §  I  and  1905  p.311  §1). 

3  Party  column,  emblems;  no  provision  as  to  the  order  of  the 

columns  (P.  C.  §  405). 

4  Special  circles  for  voting  a  straight  party  ticket  (P.  C.  §  405). 

5  Blank  column  at  the  right  of  the  ballot  for  writing  in  names 

(P.  C.  §  40s). 

6  No  candidate's  name  is  to  appear  in  more  than  one  column  on 

the  ballot;  but  in  case  a  candidate  is  nominated  by  two  or 
more  parties  or  groups  for  the  same  office  there  is  no  pro- 
vision as  to  which  column  his  name  shall  be  printed  in  (P.  C. 

§405). 

7  No  provision  for  detachable  stubs,  except  those  which  remain 

in  the  stub-book  when  the  ballots  are  torn  out  and  given  to 
the  voters,  and  which  are  numbered  consecutively.  Ballots 
themselves  are  not  numbered  or  initialed.  (P.  C.  §  405  also 
§  440;  Laws  1899  p.33  §  89).  The  election  officers  stamp 
on  the  back  of  each  ballot,  with  an  official  stamp  which  is 
kept  secret  and  changed  before  each  election,  the  words 
''official  ballot"  and  the  date  of  election  (P.  C.  §  402,  423; 
Laws  1899  p.33  §  44,  68). 

8  No  provision  for  any  printed  indorsement  on  the  back  or  out- 

side of  the  ballot. 

9  No  provision  for  any  separate  ballots  for  local  or  other  officers 

voted  for  at  general  elections.  Constitutional  amend- 
ments printed  by  brief  descriptive  titles,  on  a  separate  pink 
ballot.  All  other  state  questions  submitted,  except  county 
seat  and  boundary  questions  printed  on  a  separate  light  blue 
ballot.  (P.  C.  §  405).  Still  other  separate  ballots  for  county 
and  municipal  questions  (P.  C.  §  406;  Laws  1899  p.33  §  49). 


AMERICAN    BALLOT   LAWS,    1888-I9IO  IO9 

10  Sample  ballots,  on  colored  paper  and  without  the  official  in- 
dorsement, but  otherwise  like  the  official  ballots,  to  be 
printed;  six  to  be  posted  in  each  polling  place,  and  one  extra 
one  to  be  provided  for  each  50  registered  voters  or  addi- 
tional fraction  thereof  (P.  C.  §  413;  Laws  1899  P-33  §  S^)- 
Rules  for  marking. 

To  vote  a  straight  ticket,  the  voter  is  to  put  a  cross  mark  in 
one  of  the  party  circles,  or  cross  marks  in  the  voting  circles  op- 
posite the  names  of  all  the  party  candidates.  To  vote  a  split 
ticket,  he  is  to  put  a  cross  mark  in  the  party  circle,  and  other  cross 
marks  in  the  voting  circles  opposite  the  names  of  the  candidates 
of  other  parties  to  be  voted  for;  but  in  this  case,  he  must  erase 
the  names  of  the  corresponding  candidates  of  his  own  party;  or 
he  may  mark  only  opposite  the  names  of  the  individual  candidates ; 
or  he  may  write  in  the  names  of  other  persons  in  the  blank  col- 
umn and  put  cross  marks  opposite  them,  (P.  C.  §  405  also  §  419; 
Laws  1899  p.33  §  69). 

ILLINOIS 
Constitutional  provisions 

'*A11  votes  shall  be  by  ballot"  (Const.  1870  art.7  §  2). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

By  certificate  of  nomination,  signed  by 

1  The  board  of  canvassers  of  a  direct  primary  election  of  any 

party  which  polled  at  least  2^  of  the  total  vote  in  the  state 
at  the  last  election  in  the  political  division  for  which  the 
nomination  is  made  (Laws  1910  p.46  §  57-58,  p.77  §  13). 

2  The  board  of  canvassers  of  a  non-partisan  direct  primary  elec- 

tion for  the  nomination  of  municipal  officers  in  any  city  or 
village  of  not  over  200,000  inhabitants  which  has  adopted 
the  commission  form  of  government  (Laws  1910  p.  12  §  12- 
13,  16-17). 

3  In  the  case  of  the  few  offices  to  which  the  direct  primary  law 

does  not  apply,  the  presiding  officer  and  secretary  of  "  any 
convention  of  delegates,  caucus  or  meeting  representing  a 
political  party  which  at  the  general  election  next  preceding 
polled  at  least  2^  of  the  entire  vote  cast  in  the  state  "  or  in 
the  political  subdivision  for  which  the  nomination  is  made 
(R.  S.  ch.46  §  291;  Laws  1891  p.107  §  4). 


no  NEW  YORK  STATE  LIBRARY 

By  nomination  papers,  signed  by  qualified  voters  to  the  number 
of 

(a)  for  any  office  to  be  filled  by  the  voters  of  the  state  at 

large,  at  least  looo 

(b)  for  any  office  to  be  filled  by  the  voters  of  any  district 

or  political  division  less  than  the  state,  or  any  city  of 
5000  inhabitants  or  over,  at  least  one  for  every  50 
voters  in  such  political  division  or  city  at  the  last  gen- 
eral election,  but  in  no  case  less  than  25 

(c)  for  elections  to  be  held  in  a  town,  village,  precinct  or 

ward,  or  in  any  city  of  less  than  5000  inhabitants,  at 
least  S^  of  the  total  number  of  voters  at  the  last  gen- 
eral election 
(R.  S.  ch.46  §  292;  Laws  1891  p.107  §  5). 
Filed  with  the  secretary  of  state,  a  county    clerk    or   the    clerk 
of  a  town,  city,  village  or  incorporated  town   (R.  S.  ch.46  §  294; 
Laws  1891  p.107  §  7^  i9<^5  p-2o8). 

Form  of  ballot 

1  Official;  printed  and  distributed  by  county,  city,  town  or  village 

clerks  at  public  expense  (R.  S.  ch.46  §  288-89,  302;  Laws 
1 89 1  p.107  §  I'  2 J  15)5  obtainable  by  the  voters  only  from 
the  election  officers,  at  the  polls,  on  election  day  (R.  S. 
ch.46  §  301;  Laws  1891  p.107  §  22  (as  amended  by  Laws 
1899  p.151)   and  §  23). 

2  Blanket  (R.  S.  ch.46  §  301;  Laws  1891  p.107  §  I4)- 

3  Party   column,   no  emblems ;   columns  arranged  in   such  order 

as  the  officer  charged  with  printing  the  ballots  may  decide, 
but  the  columns  for  independent  nominations  are  always  to 
follow  the  party  columns   (R.  S.  ch.46  §  301). 

4  Special  circles  for  voting  a  straight  party  ticket   (R.  S.  ch.46 

§  301  also  §  310;  Laws  1891  p.  107  §  23). 

5  No   special    provision    for    a   blank   column   or   blank    spaces; 

merely  referred  to  indirectly  in  R.  S.  ch.46  §  310. 

6  No  candidate's  name  is  to  appear  more  than  once  on  the  ballot. 

If  a  candidate  is  nominated  by  two  or  more  parties  or  inde- 
pendent groups,  he  must  choose  in  which  column  his  name 
shall  be  printed,  and  if  he  fails  to  do  so,  his  name  is  not 
to  be  printed  at  all.  No  candidate  whose  name  appears  else- 
where on  the  ballot  may  be  nominated  for  the  same  office 
by  petition.  (R.  S.  ch.46  §  292  also  §  295;  Laws  1891  p.107 
§  8,  1897  P-2II,  1903  P-I74). 


AMERICAN   BALLOT   LAWS,    1888-I9IO  III 

7  No  provision  for  detachable  stubs  or  for  any  system  of  num- 

bering the  ballots;  but  one  of  the  judges  writes  his  initials 
on  the  back  of  each  ballot  before  delivering  it  to  a  voter. 
The  writing  of  the  voter's  number  on  the  back  of  the  ballot 
itself  was  specifically  forbidden  by  the  Law  of  189 1.  (R.  S. 
ch.46  §  309-10). 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words 

"  official  ballot,"  followed  by  the  designation  of  the  polling 
place,  the  date  of  the  election,  and  a  facsimile  of  the  signa- 
ture of  the  officer  charged  with  printing  the  ballots  (R.  S. 
ch.46  §  301). 

9  No  separate  ballots  for  local  or  other  officers  voted  for  at  gen- 

eral elections;  but  for  municipal  elections  in  cities  of 
less  than  200,000  inhabitants  which  adopt  the  commission 
form  of  government,  the  ballots  are  to  be  of  the  office  group 
form,  without  party  designations,  and  are  to  contain  only  the 
names  of  the  two  candidates  for  each  office  who  received 
the  largest  number  of  votes  at  a  non-partisan  direct  primary 
election  (Laws  1910  p.12  §  12-16).  There  is  a  separate 
ballot,  or  ballots  (the  law  is  not  clear  and  is  differently  in- 
terpreted in  different  parts  of  the  state),  for  constitutional 
amendments  and  other  questions  submitted,  including  ques- 
tions submitted  under  the  public  opinion  law  of  1901,  the 
substance  of  the  amendment  or  measure  being  clearly  indi- 
cated on  the  ballot  (R.  S.  ch.46  §  303,  429;  Laws  1891 
p.107  §  16,  1899  p.151,  1901  p.198.  Letter  from  sec.  of 
state) . 
10  Five  or  more  "  specimen  ballots,"  substantially  in  the  same 
form  as  the  official  ballots  but  on  different  colored  paper,  to 
be  posted  in  prominent  places  in  each  precinct  before  election 
day  (R.  S.  ch46  §  306;  Laws  1891  p.107  §  ^9^  ^^97  P-^n, 

1899  p.151). 

Rules  for  marking 

To  vote  a  straight  ticket,  the  voter  is  to  put  a  cross  mark  in  the 
party  circle,  or  opposite  the  name  of  each  candidate  of  the  party. 
To  vote  a  split  ticket,  he  is  to  put  a  cross  mark  in  the  party  circle 
and  other  cross  marks  in  the  voting  squares  opposite  the  names 
of  individual  candidates  on  other  tickets;  or  he  may  leave  his 
party  circle  unmarked  and  put  cross  marks  only  opposite  the  names 
of  the  individual  candidates ;  or  he  may  write  in  the  name  of  any 
person  for  whom  he  wishes  to  vote  for  any  office  and  put  a  cross 


112  NEW  YORK  STATE  LIBRARY 

mark  opposite  such  name.  In  the  case  of  a  constitutional  amend- 
ment or  other  question,  he  is  to  put  a  cross  mark  opposite  the 
answer  which  he  desires  to  give.  (R.  S.  ch.46  §  310).  In  voting 
for  representatives  in  the  general  assembly,  the  voter  may  give 
one  vote  each  to  three  candidates,  or  two  votes  to  one  candidate 
and  one  to  another,  or  one  and  one-half  votes  each  to  two  candi- 
dates, or  three  votes  to  one  (R.  S.  ch.46  §  304;  Laws  1891 
p.  107  §  17). 

INDIANA 
Constitutional  provisions 

"  All  elections  by  the  people  shall  be  by  ballot     .     .     ."     (Const. 
1851  art.2  §  13). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

By  certificate  of  nomination,  signed  by 

1  The  presiding  officer  and  secretary  of  a  nominating  convention 

of  "  any  party  that  cast  i^  of  the  total  vote  of  the  state  at 
the  last  preceding  general  election." 

2  By  the  chairman  or  secretary  of  any  county  or  township  com- 

mittee of  any  party  that  cast  i;^  of  the  total  vote  of  the  state 
at  the  last  preceding  general  election,  in  the  case  of  candidates 
nominated    by    direct    primary    elections. 

3  Electors,   quahfied  to  vote   for   the   office   in  question,   to  the 

number  of 

(a)  for  any  officer  voted  for  by  all  the  voters  of  the  state, 

500 

(b)  for  a  congressman  from  any  district,  200 

(c)  for  a  county  officer,  member   of  the  general  assembly, 

circuit  judge  or  prosecuting  attorney,  25 

(d)  for  an  officer  of  any  township,  ward,  or  other  division 

less  than  a  county,  20 
(R.  S.  §  6899;  Acts  1889  p.157  §  18). 
Filed  with  the  governor,  the  clerk  of  the  circuit  court  of  any 
county,  or  a  city  or  town  clerk   (R.  S.  §  6899  also  §  6947;  Acts 
1889  p.157  §  65  as  amended  by  1891  p.  134). 

Form  of  ballot 

I  OiRcial;  printed  and  distributed  at  public  expense  by  the  state, 
county,  city  and  town  boards  of  election  commissioners  (R.  S. 
§  6908,  691 1,  6915 ;  Acts  1889  p.157  §  26  (as  amended  by  1891 
p.126  and  1897  P49)»  §  29  (as  amended  by  1891  p.127  and 
1907  p.282)   and  §  33)  ;  obtainable  by  the  voters  only  from 


AMERICAN    DALLOT   LAWS,    1888-I9IO  II3 

the  election  officers,  at  the  polHng  places,  on  election  day 
(R.  S.  §  6916,  6942;  Acts  1889  p.157  §  34  (as  amended  by 
1891  p.  128  and  1897  p.49  §  8),  and  §  60). 

2  Blanket  (R.  S.  §  6908). 

3  Party  column,  emblems;  order  of  columns  is,  first,  Democratic; 

second.  Republican;  the  rest  in  such  order  as  the  board  of 
election  commissioners  shall  decide  (R.  S.  §  6908). 

4  Special  circles  for  voting  a  straight  party  ticket  (R.  S.  §  6908). 

5  No  provision  for  any  blank  column  or  blank  spaces  for  writing 

in  names  (Cf.  Rules  for  marking). 

6  No  candidate's  name  is  to  appear  on  the  ballot  more  than  once. 

A  candidate  nominated  by  two  or  more  parties  may  choose  in 
which  column  his  name  shall  be  printed,  but  if  he  fails  to 
do  so,  the  board  of  election  commissioners  is  to  decide, 
giving  preference,  however,  to  party  nominations  over  nomina- 
tions by  petition.  (R.  S.  §  6900,  6906;  Acts  1889  p.157  (as 
amended  by  1891  p.  124  and  1897  p.49),  1897  p.49  §  5). 

7  No  provision  for  detachable  stubs  or  for  any  system  of  number- 

ing the  ballots  (The  Act  of  May  13,  1869,  providing  for  the 
numbering  of  each  ballot  on  the  back,  was  declared  uncon- 
stitutional in  1871,  Williams  v.  Stein,  38  Ind.  89.).  The  poll- 
clerks  initial  each  ballot  on  the  back  before  delivering  it  to  a 
voter  (R.  S.  §  6916;  Acts  1889  p.157  §  34  as  amended  by 
189 1  p. 1 28  and  1897  p.49). 

8  No  provision  for  any  printed  indorsement  on  the  back  or  out- 

side of  the  ballot. 

9  Ballots   for   federal   and  state  officers  on   red  paper;   separate 

ballots  for  township  officers  on  yellow  paper ;  all  other  officers 
voted  for  at  general  state  elections  on  a  separate  white  ballot 
(R.  S.  §  6908).  Constitutional  amendments,  and  other  ques- 
tions submitted,  printed  on  the  general  state  ballots  by  a  brief 
synopsis;  local  questions  on  local  ballots  (R.  S.  §  6944;  Acts 
1889  p.157  §  62). 
10  Sample  ballots  to  be  provided  on  different  colored  paper  from 
the  official  ballots;  three  to  be  posted  in  each  polling  place 
(R.  S.  §  6917;  Acts  1889  p.157  §  35). 

Rules  for  marking 

To  vote  a  straight  party  ticket,  the  voter  is  to  put  a  cross  mark 
in  one  of  the  party  circles,  or  cross  marks  in  the  voting  squares 
opposite  the  names  of  all  the  party  candidates.  To  vote  a  split 
ticket,  he  is  to  mark  only  the  individual  voting  squares.     If  he 


114  NEW  YORK  STATE  LIBRARY 

marks  the  party  circle,  he  must  not  mark  anywhere  else  on  the 
ballot,  under  penalty  of  having  his  ballot  thrown  out  as  void,  unless 
his  party  ticket  is  blank  as  to  certain  officers.  No  voter  is  allowed 
to  write  in  any  name  on  the  ballot.  Persons  whose  names  are  not 
printed  on  the  ballot  can  be  voted  for  only  by  means  of  "  paster 
ballots."  Such  a  paster  ballot  must  contain  a  complete  ticket  and 
must  include  the  names  of  one  or  more  persons  whose  names  are 
not  already  printed  on  the  ballot.  It  must  be  so  shaped  as  to  cover 
one  column  on  the  ballot  exactly,  and  cross  marks  must  be  placed 
after  the  names  of  all  the  candidates  mentioned  on  it,  or  it  will  be 
thrown  out.  (R.  S.  §  6927-28;  Acts  1889  p.157  §  45-46  as  amended 
by  1891  p.  129,  130  and  by  1897  p.49). 

IOWA 
Constitutional  provisions 

''All  elections  by  the  people  shall  be  by  ballot"  (Const.  1857 
art.2  §   6). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

By  certificate  of  nomination,  signed  by 

1  The  state  canvassing  board  of  a  direct  primary  election  of  any 

party  "  which,  at  the  last  preceding  general  election,  cast  for 
its  candidate  for  governor  at  least  2^  of  the  total  vote  cast 
at  said  election"  (Code  Supp.  §  1087  subd.  a3,  a22,  a23; 
Laws  1907  ch.51  §  3,  22-23,  1909  ch.69  §  12,  17). 

2  (In  the  case  of  offices  to  which  the  direct  primary  law  does 

not  apply),  the  presiding  officer  and  secretary  of  any  con- 
vention of  delegates,  "  primary,  caucus  or  meeting  of  qualified 
electors  representing  a  political  party  which,  at  the  general 
election  next  preceding,  polled  at  least  2'/c  of  the  entire  vote 
cast  in  the  state,"  or  in  the  subdivision  thereof  for  which  the 
nomination  is  made  (Code  §  1098-99;  Laws  1892  ch.33  §  4, 

By  nomination  papers,  signed  by  qualified  electors  to  the  number 
of 

(a)  for  a  state  officer,  500 

(b)  for  an  officer  of  a  county,  district  or  other  division  not 

less  than  a  county,  25 

(c)  for  a  township,  city,  town  or  ward  officer,  10 
(Code  §  1 100;  Laws  1892  ch.33  §  5). 

On  canvass,  by  the  city  clerk  of  a  city  under  the  commission 
form  of  government,  of  the  result  of  a  non-partisan  direct  primary 
election  (Code  Supp.  §  1056  subd.  a2T;    Laws  1907  ch.48  §  5). 


AMERICAN    BALLOT   LAWS,    1888-I9IO  II5 

Certificates  of  nomination  and  nomination  papers  filed  with  the 
secretary  of  state,  a  county  auditor,  or  the  clerk  of  a  city  or  town 
(Code  §  1 104;  Laws  1892  ch.33  §  7  as  amended  by  1896  ch.68  §1). 

Form  of  ballot 

1  Official;  printed  and  distributed  at  public  expense  by  county 

auditors  and  city  or  town  clerks  (Code  §  1107,  mo;  Laws 
1892  ch.33  §  15)  ;  obtainable  by  the  voters  only  from  the 
election  officers,  at  the  jx)lls  on  election  day  (Code  §  11 14, 
1 1 17;  Laws  1892  ch.33  §  19-22). 

2  Blanket   (Code  Supp.   1106;  Laws   1892  ch.33  §   14,   16,   1900 

ch.35  §  I,  1906  ch.43,  44). 

3  Party  column,  no  emblems;  columns  printed  in  such  order  as 

the  authorities  printing  the  ballots  shall  decide  (Code  Supp. 
§  1106). 

4  No  special  method  provided  for  voting  a  straight  party  ticket. 

5  No  special  provision  for  a  blank  column  or  blank  spaces  for 

writing  in  names  (but  cf.  Rules  for  marking). 

6  No  candidate's  name  is  to  appear  on  the  ballot  in  more  than  one 

place  for  the  same  office  (except  that  when  a  candidate  for  the 
office  of  district  judge  is  nominated  by  petition  by  a  bar  asso- 
ciation or  convention  of  attorneys,  and  indorsed  by  one  or 
more  of  the  political  parties,  his  name  is  to  be  printed  in 
each  such  party  column,  as  well  as  in  the  independent  column). 
When  a  candidate  is  nominated  by  two  or  more  parties  for 
the  same  office,  his  name  is  to  be  printed  in  the  column  of 
the  party  which  first  filed  a  certificate  of  his  nomination, 
unless  he  himself  selects  another  column.  (Code  Supp.  § 
I 106). 

7  No  provision  for  detachable  stubs,  or  for  any  system  of  number- 

ing the  ballots.  One  of  the  judges,  however,  puts  his  initials 
on  the  back  of  each  ballot  before  delivering  the  same  to  a 
voter.  Voter's  name  also  checked  on  the  registry-list  and 
entered  on  poll-Hst.     (Code  Supp.  §  11 16;  Laws  1892  ch.33 

§21). 

8  On  the  outside,  or  back,  of  the  ballot  are  to  be  printed  the  words 

*'  official  ballot,"  followed  by  the  designation  of  the  polling 
place,  the  date  of  the  election,  and  a  facsmile  of  the  signature 
of  the  officer  furnishing  the  ballots  (Code  Supp.  §  1109; 
Laws  1892  ch.33  §  14,  1906  ch.44  §  2). 

9  No   separate  ballots   for  local  or  other  officers   voted   for   at 

general  elections.  For  separate  city  elections  in  cities  of 
over  25,000  inhabitants  under  the  commission  form  of  govern- 
ment the  ballots  are  of  the  "  office  group  "  form,  without  party 


Il6  NEW  YORK  STATE  LIBRARY 

designations  of  any  sort,  and  contain  only  the  names  of  the 
two  candidates  for  each  office  who  secured  the  highest  vote  at 
a  non-partisan  direct  primary.  (Code  Supp.  §  1056  subd. 
ai7-a2i ;  Laws  1907  ch.48  §  1-5).  All  constitutional 
amendments  and  other  questions  submitted,  printed  in  full  on 
a  separate  yellow  ballot  (Code  Supp.  §  11 06). 
10  Sample  ballots,  on  yellow  paper;  four  or  more  to  be  posted  in 
each  polling  place.  Provision  in  regard  to  them,  however, 
is  very  incomplete.  (Code  §  1112;  Laws  1892  ch.33  §  18. 
Cf.  ballots  themselves). 

Rules  for  marking 
*'  Upon  retiring  to  the  voting  booth,  the  voter  shall  prepare  his 
ballot  by  placing  a  cross  in  the  square  opposite  the  name  of  each 
candidate  for  whom  he  desires  to  vote.  The  voter  may  also  insert 
in  writing,  in  the  proper  place,  the  name  of  any  person  for  whom 
he  desires  to  vote,  making  a  cross  opposite  thereto.  The  writing 
of  such  name  without  making  a  cross  opposite  thereto,  or  the  mak- 
ing a  cross  opposite  such  blank  without  writing  a  name  therein, 
shall  not  afifect  the  vahdity  of  his  vote."  (Code  Supp.  §  11 19; 
Laws  1892  ch.33  §  22,  1900  ch.36  §  I,  1906  ch.44  §  3-) 

KANSAS 
Constitutional  provisions 

"  All  elections  by  the  people  shall  be  by  ballot.     .     ."     (Const. 
1859  art.4  §1). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 
By  certiftcate  of  nomination,  signed  by 

1  State  or  county  board  of  canvassers  of  a  direct  primary  election 

(or  the  city  council  in  the  case  of  a  city  primary  election)  of 
any  party  which  polled  for  any  of  its  candidates  at  the  last 
preceding  general  election  i^  of  the  total  vote  cast  in  the 
state  or  in  the  subdivision  thereof  for  which  the  nomination 
is  made,  or  which  presented  a  petition  signed  by.  2^  of  the 
vote  at  the  last  election,  etc.,  asking  for  a  separate  primary 
ballot  (D.  G.  S.  §  3290,  3303-5;  Laws  1908  ch.54  §  2,  13-15). 

2  (In  cities  of  the  first  and  second  classes  which  have  adopted 

the  commission  form  of  government)  on  canvass  of  the  re- 
turns of  a  non-partisan  primary  election,  in  cities  of  the  first 
class  the  board  of  commissioners,  in  cities  of  the  second 
class  the  city  clerk  (D.  G.  S.  ch.17  art.22,  ch.i8  art.ii; 
Laws  1907  ch.114  art.3,  ch.123  art.2,  1909  ch.74,  82). 


AMERICAN   BALLOT   LAWS,    1888-I9IO  II7 

3  (In  the  case  of  offices  excluded  from  the  operation  of  the  direct 
primary  law)  the  presiding  officer  and  secretary  of  a  nomi- 
nating convention  or  caucus  of  any  political  party  having  a 
national  or  state  organization,  or  (in  the  case  of  city  officers 
in  cities  of  less  than  50(X)  inhabitants)  a  local  organization 
(D.  G.  S.  §  3250-51,  3290;  Laws  1897  ch. 129  §  3,  6,1901  ch.177 
§1,4,  1908  ch.54  §  2.  Under  D.  G.  S.  §  3290  this  third  method 
would  appear  to  have  been  entirely  eliminated,  but  according 
to  a  letter  from  the  attorney-general  of  the  state  it  is  still  in 
force  in  the  cases  above  specified.) 
By  nomination  papers,  signed  by  qualified  voters  to  the  number 
of 

(a)  for  an  office  to  be  filled  1)y  the  voters  of  the  entire  state, 

2500 

(b)  for  an  office  to  be  filled  by  the  voters  of  any  county,  dis- 

trict or  other  division,  less  than  the  state  and  not  less  than 
a  county,  not  less  than  5;^  of  the  qualified  voters  of  the 
district,  and  in  no  case  less  than  25  voters 

(c)  for  an  office  to  be  filled  by  the  voters  of  a  township,  city  or 

ward,   not   less   than   S'/'   of    the   qualified  voters   of   the 
district,   and  in  no  case  less  than   10  voters    (D.   G.    S. 
§  3252;  Laws  1897  ch.129  §  5,  1901  ch.177  §  3). 
Filed  with  the  secretary  of  state,  a  county  clerk,  or  a  city  clerk 
(D.  G.  S.  §  3254;  Laws  1897  ch.129  §  7,  1901  ch.183  §1). 

Form  of  ballot 

1  Omdal;  printed  and  distributed  by  county  and  city  clerks   at 

public  expense  (D.  G.  S.  §  3262;. Laws  1909  ch.134  §  1-9)  ; 
obtainable  by  the  voters  only  from  the  election  officers,  at 
the  polling  places,  on  election  day  (D.G.S.  §  3269-70;  Laws 
1897  ch.129  §  I,  1901  ch.177  §  9,  1903  ch.228  §  3,  1905 
ch.222  §  2). 

2  Blanket  (D.  G.  S.  §  3261 ;  Laws  1903  ch.228  §  3,  1905  ch.222 

§2). 

3  Party   coltunn;   emblems;   columns   arranged   according   to  the 

size  of  the  vote  cast  by  the  several  parties  for  governor  at 
the  last  preceding  election  (D.  G.  S.  §  3261). 

4  Special   circles   for  voting  a   straight   party   ticket    (D.    G.   S. 

§  3261). 

5  Blank  column  at  the  right  of  the  ballot  for  writing  in  names 

(D.  G.  S.  §  3261). 


Il8  NEW  YORK  STATE  LIBRARY 

6  No  candidate's  name  is  to  appear  more  than  once  on  the  ballot. 

If  a  candidate  is  nominated  by  two  or  more  parties,  his  ni:!me 
is  to  be  printed  in  the  column  of  that  party  which  first  filed  a 
certificate  of  his  nomination,  unless  he  himself  selects  another 
column.  (D.  G.  S.  §  3261,  also  §  3255;  Laws  1901  ch.177  §  i, 
1903  ch.  228  §1). 

7  The  voter's  number  on  the  poll-list  is  to  be  written  by  one  of 
•    the  judges  on  the  back  of  each  ballot,  in  the  upper  right-hand 

corner,  before  a  set  of  ballots  is  handed  to  the  voter.  On  the 
return  of  the  ballots,  before  their  deposit  in  the  ballot-box, 
the  corners  containing  the  numbers  are  to  be  clipped  off,  after 
the  number.s.  have  been  compared  with  those  on  the  poll-list. 
Each  voter's  name  is  also  to  be  checked  off  on  the  registry- 
list  as  he  receives  his  ballots.     (D.  G.  S.  §  3269-70). 

8  On  the  back,  or  outside,  of  each  ballot  are  to  be  printed  the 

r  general    '] 
words  "  official   i  township  r  ballot,"  the  designation  of  the 

L      city       J 
polling  place,  the  date  of  the  election,  and  a  facsimile  of  the 
signature    of    the    officer    furnishing   the    ballots    (D.    G.    S. 

§  3261). 

9  Separate  ballots  for  township  officers   chosen  at  general  elec- 

tions. Special  ballots  also,  of  the  ''  office  group  "  form  with 
no  party  designations  of  any  sort  and  containing  only  the 
names  of  the  two  candidates  for  each  office  who  received  the 
largest  number  of  votes  at  a  non-partisan  direct  primary 
election,  for  separate  municipal  elections  in  cities  of  the  first 
and  second  classes  adopting  the  commission  form  of  govern- 
ment. (D.  G.  S.  §  3261;  also  ch.17  art.22  and  ch.i8  art.ii). 
Constitutional  amendments  and  other  questions  printed  on  a 
separate  ballot,  in  the  form  of  brief  descriptive  questions 
(D.  G.  S.  §  3263;  Laws  1897  ch.T29  §  16,  1901  ch.177  §  7). 
10  No  provision  for  the  printing,  distribution  or  posting  of  sample 
ballots. 

Rules  for  marking 

To  vote  a  straight  ticket,  the  voter  is  to  put  a  cross  mark  in  the 
party  circle  of  his  party.  To  vote  a  split  ticket,  he  is  to  put  cross 
marks  only  in  the  voting  squares  opposite  the  names  of  the  indi- 
vidual candidates  of  the  several  parties,  or  a  cross  mark  in  his 
party  circle  and  other  marks  opposite  the  names  of  candidates  of 
other  parties.     The  voter  may  also  write  in  the  blank  column  the 


AMERICAN   BALLOT  LAWS,    1888-I9IO  II9 

name  of  any  person  whose  name  is  not  already  printed  on  the  bal- 
lot. He  is  not  permitted,  however,  to  make  use  of  pasters.  In 
voting  on  a  constitutional  amendment  or  other  question,  he  is  to 
put  a  cross  mark  in  the  square  opposite  the  answer  which  he 
wishes  to  give.    (D.  G.  S.  §  3270). 

KENTUCKY 

Constitutional  provisions 

• 

".  .  .  all  elections  by  the  people  shall  be  by  secret  official 
ballot,  furnished  by  public  authority  to  the  voters  at  the  polls,  and 
marked  by  each  voter  at  the  polls,  and  then  and  there  deposited. 
The  word  '  elections  '  in  this  section  includes  the  decision  of  ques- 
tions submitted  to  the  voters,  as  well  as  the  choice  of  officers  by 
them.  The  first  general  assembly  held  after  the  adoption  of  this 
constitution  shall  pass  all  necessary  laws  to  enforce  this  provision, 
and  shall  provide  that  persons  illiterate,  blind,  or  in  any  way  dis- 
abled, may  have  their  ballots  marked  as  herein  required."  (Const. 
1891  §  147).  In  §  155,  however,  it  is  provided  that  the  above  pro- 
visions "  shall  not  apply  to  the  election  of  school  trustees  and  other 
common  school  district  elections.  Said  elections  shall  be  regulated 
by  the  general  assembly,  except  as  otherwise  provided  in  this  Con- 
stitution." 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

By  certificate  of  nomination,  signed  by 

1  The  presiding  officer  and  secretary  of  a  nominating  convention, 

or,  in  the  case  of  nominations  made  by  a  direct  primary  elec- 
tion, the  chairman  and  secretary  of  a  county,  city  or  dis- 
trict committee  of  any  party  which  cast  at  least  2^  of  the 
total  vote  of  the  state  at  the  last  preceding  general  election. 

2  Qualified  voters  to  the  number  of 

(a)  for  officers  voted  for  by  the  voters  of  the  entire  state, 

1000 

(b)  for  officers  voted  for  by  the  voters  of  a  congressional 

or  other  district,  400 

(c)  for  county  officers  and  members  of  the  general  assembly, 

100 

(d)  for  any  officer  voted  for  by  the  voters  of  a  precinct, 

ward  or  other  division  less  than  a  county,  20 
(R.   S.   §  4012;  Acts   1892  ch.65   art.3  §   8,   igoo  ex.  sess. 
ch.3  §  I.) 
Filed  ivith  the  secretary  of  state  or  a  county  clerk  (R.  S.  §  4012). 


I20  NEW  YORK  STATE  LIBRARY 

On  canvass  by  the  county  board  of  election  commissioners  of 
the  returns  of  a  non-partisan  direct  primary  election  for  the 
nomination  of  city  officers  in  any  city  of  the  second  class 
which  has  adopted  the  commission  form  of  government 
(Laws  1910  ch.50  §  6-7). 

Form  of  ballot 

1  Official;    prepared    and    distributed    at   public   expense   by    the 

county  clerks  of  the  several  counties  (R.  S.  §  4009,  4011-12, 
4023;  Acts  1892  ch.65  art.3  §  I,  7-8,  20,  1900  ex.  sess. 
ch.3  §  I,  9)  ;  obtainable  by  the  voters  only  from  the  election 
officers,  at  the  polls,  on  election  day  (R.  S.  §  3422,  4030,  4035 ; 
Acts  1892  ch.65  art.  1 3  §  4,  art.3  §  26,  31). 

2  Blanket    (R.    S.    §   4019;    Acts    1892    ch.65    art.3    §    15,    1900 

ex.  sess.  •ch.3  §  4). 

3  Party  column;  emblems;  columns  arranged  in  such  order  as  the 

secretary  of  state  may  direct,  precedence,  however,  being  given 
to  the  party  which  polled  the  highest  number  of  votes  for 
the  head  of  its  ticket  at  the  last  preceding  general  election 
(R.  S.  §4019). 

4  Special  circles  for  voting  a  straight  party  ticket  (R.  S.  §  4019). 

5  Blank  spaces  for  writing  in  names  under  the  names  of  the  sev- 

eral candidates  (R.S.  §  4019). 

6  No  general  provision  that  the  name  of  each  candidate  is  to  ap- 

pear but  once  on  the  ballot;  but  if  a  candidate  is  nominated 
for  any  office  by  convention  and  also  for  the  same  office  by 
petition,  his  name  shall  be  placed  on  the  ballot  but  once.  He 
may  choose  in  which  column  his  name  shall  be  placed,  but  if 
he  fails  to  do  so  it  is  to  be  placed  in  the  column  of  the  party 
which  nominated  him  by  convention.  (R.  S.  §  4013;  Acts 
1892  ch.65  art.3  §  9). 

7  Double-stub   system;   main   stubs,   which   remain   in   stub-book, 

are  numbered  consecutively  and  before  each  voter  receives 
his  ballot  his  name  and  address  are  filed  in  on  this  main  stub, 
and  his  registered  number  (or,  where  the  registration  law  is 
not  in  force,  his  full  name)  is  written  on  the  secondary  slip, 
which  remains  attached  to  the  ballot.  The  election  officer 
also  writes  his  name  across  the  back  of  the  ballot.  The  sec- 
ondary stub  is  detached  before  the  ballot  is  deposited,  after 
the  number  on  it  has  been  compared  with  the  registry-list. 
(R.  S.  §  4019-20,  4030-31;  Acts  1892  ch.65  art.3  §  15' 
16,  26-27). 


AMERICAN   BALLOT   LAWS,    1888-I9IO  121 

8  On  the  back,  or  outside,  of  each  ballot  are  printed  the  words 

*'  official  ballot,"  followed  by  the  date  of  the  election,  and  a 
facsimile  of  the  signature  of  the  clerk  who  caused  the  bal- 
lots to  be  printed  (R.  S.  §  4019). 

9  No  provision  for  separate  ballots  for  any  local  or  other  officers 

voted  for  at  general  elections,  except  that,  in  cities  of  the 
fifth  and  sixth  classes,  where  the  corporate  limits  include  por- 
tions of  two  or  more  counties,  separate  ballots  for  city  offi- 
cers and  questions  are  to  be  furnished  by  the  clerk  of  each 
such  county  (R.  S.  §  4071;  Acts  1894,  ch.65).  In  cities  of 
the  first  and  second  classes  which  have  adopted  the  commis- 
sion form  of  government,  the  ballots  for  municipal  elections 
are  to  be  of  the  '*  office  group  ''  form  without  party  desig- 
nations of  any  sort,  and  are  to  contain  only  the  names  of  the 
two  candidates  for  each  office  who  received  the  largest  num- 
ber of  votes  at  a  non-partisan  direct  primary  election  (Laws 
1910  ch.50  §  6-7).  Constitutional  amendments  and  other 
questions  printed  on  the  general  ballot,  the  substance  of  each 
being  clearly  indicated  (R.  S.  §  4018;  Acts  1892  ch.65 
art.3  S  14,  1897  ch.15). 
10  Sample  ballots,  printed  on  paper  of  different  color  from  that  of 
official  ballots,  to  be  posted,  three  in  each  polling  place  (R.  S. 
§  4024;  Acts  1892  ch.65  art.3  §  21). 

Rules  for  marking 

To  vote  a  straight  party  ticket,  the  voter  is  to  place  a  cross  mark 
in  his  party  circle,  or  cross  marks  in  the  voting  squares  opposite 
the  names  of  all  the  candidates  of  his  party.  To  vote  a  split  ticket, 
he  is  to  place  a  cross  mark  opposite  the  name  of  each  candidate 
of  any  party  for  whom  he  wishes  to  vote,  or  he  may  place  a  cross 
mark  in  one  of  the  party  circles  and  other  marks  in  the  voting 
squares  opposite  the  names  of  candidates  of  other  parties.  He  may 
also  write  in  the  blank  spaces  the  names  of  any  persons  whose 
names  are  not  printed  on  the  ballot,  and  vote  for  them  by  putting 
cross  marks  opposite  their  names.  To  vote  on  a  question  sub- 
mitted, he  is  to  make  a  cross  mark  in  the  square  opposite  the 
answer  which  he  desires  to  give.  (R.  S.  §  4019,  4030:  Acts  1892 
ch.65  art.3  §  26,  ch.102). 

LOUISIANA 
Constitutional  provisions 

"  In  all  elections  by  the  people  the  electors  shall  vote  by  ballot, 
and  the  ballots  cast  shall  be  publicly  counted "  (Const.  1898 
art.203). 


122  NEW  YORK  STATE  LIBRARY 

"All  elections  by  the  people,  except  primary  elections  and  munic- 
ipal elections  in  towns  having  a  population  of  less  than  twenty- 
five  hundred,  when  such  elections  are  not  held  at  the  same  time  as 
general  state  elections,  shall  be  by  official  ballot,  printed  and  dis- 
tributed at  the  expense  of  the  state;  and,  until  otherwise  provided 
by  law,  such  ballots  shall  have  printed  thereon,  and  at  the  head 
and  immediately  preceding  the  list  of  names  of  the  candidates  of 
each  political  party  or  nominating  paper,  a  specific  and  separate 
device  by  which  the  political  party  and  the  candidates  of  such  po- 
litical party  or  nominating  paper  may  be  indicated.  By  stamping 
such  device  at  the  head  of  the  list  of  candidates  of  each  political 
party,  or  nominating  paper,  the  voter  may  indicate  that  his  vote 
is  for  the  entire  or  straight  ticket  of  the  particular  party  or  nomi- 
nating paper  employing  the  particular  device  allotted  to  such  po- 
litical party  or  nominating  paper.  When  the  voter  does  not  desire 
to  vote  an  entire  or  straight  party  ticket,  he  may  vote  for  candi- 
dates of  any  political  party  or  nominating  paper,  by  stamping  a 
blank  space  to  the  left  opposite  the  name  of  each  candidate  on  said 
official  ballot. 

"  The  general  assembly  shall  provide  some  plan  by  which  the 
voters  may  prepare  their  ballots  in  secrecy  at  the  polls.  This 
article  shall  not  be  construed  so  as  to  prevent  the  names  of  inde- 
pendent candidates  from  being  printed  on  the  ballots  with  a  device ; 
and  the  names  of  candidates  may  be  written  on  the  ballot.  These 
provisions  shall  not  apply  to  elections  for  the  imposition  of  special 
taxes,  for  which  the  general  assembly  shall  provide  special  laws." 
(Const.  1898  art.212). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

1  On  canvass  of  direct  primary  elections  of  parties  which  polled 

at  least  10^  of  the  entire  vote  cast  for  governor  at  the  last 
preceding  state  election,  and  the  filing  of  the  returns  with  the 
secretary  of  state  or  the  clerks  of  court  of  the  several  par- 
ishes (Wolff's  R.  L.  vol.  3  p.260-61 ;  Acts  1906  no.49  §  ^3  as 
amended  by  1907  ex.  sess.  no. 27). 

2  (In  the  case  of  parties  to  which  the  direct  primary  law  does 

not  apply)  by  certificate  of  nomination,  signed  by  the  presid- 
ing officer  and  secretary  of  "  any  convention  of  delegates 
who  have  been  selected  in  caucus  called  and  held  in  accord- 
ance with  the  provisions  of  this  act,"  or  of  any  caucus  so 
called  and  held   in  any  electoral  district  or  division  of  the 


AMERICAN    BALLOT   LAWS,    1888-I9IO  I23 

state  (R.  L.  vol.  i  p.704;  Acts  1898  no.152  §  49  as  amended 
by  1900  no.132  p.200). 
3  By  nomination  papers  signed  by  qualified  voters  of  the  district 
or  division  for  which  the  nomination  is  made  to  the  num- 
ber of 

(a)  for  any  office  to  be  voted  for  by  the  voters  of  the  state 

at  large,  1000 

(b)  for  any  parish  or  municipal  officer,  member  of  the  legis- 

lature or  member  of  Congress,  100 

(c)  for  any  ward  officer,  25 

(R.  L.  vol.  I  p.704;  Acts  1898  no.152  §  50). 
Certificates  of  nomination   (2)   and  nomination  papers   (3)   filed 
with  the  secretary  of  state  (R.  L.  vol.  i  p.705 ;  Acts  1898  no.152 
§  54  as  amended  by  1900  no.132  p.201). 

Form  of  ballot 

1  Official;  printed  and  distributed  by  the  secretary  of  state  at  pub- 

lic expense  (R.  L.  vol.  i  p.688,  709,  711-12;  Acts  1898  no.152 
§  I,  65,  70,  71  [amended  by  1900  no.132  p.202] )  ;  obtainable 
by  the  voters  only  from  the  election  officers,  at  the  polls  on 
election  day  (R.  L.  vol.  i  p.713,  715;  Acts  1898  no.152  §  74, 

76). 

2  Blanket  (R.  L.  vol.  i  p.709;  Acts  1898  no.152  §  65). 

3  Party  column,  emblems ;  nothing,  as  to  the  order  of  the  columns 

(same  reference). 

4  Special    circles,   inclosing   i)arty   emblems,    for  voting   straight 

party  ticket  (R.  L.  vol.  i  p.709-10;  Acts  1898  no.152  §  65-66). 

5  Blank  column  at  the  right  of  the  ballot  for  writing  in  names 

(R.  L.  vol.  I  p.7r4;  Acts  1898  no.152  §  75.  Cf.  ballots  them- 
selves). 

6  "  The  name  of  no  candidate  shall  appear  on  the  official  ballot 

in  more  than  one  place."  No.  further  provision.  (R.  L.  vol.  i 
p.706;  Acts   1898  no.152  §   56  as  amended  by   1900  no.132 

p.20l). 

7  No  provision  for  detachable  stubs,  or  for  any  system  for  num- 

bering the  ballots.  The  only  provision  is  that  a  check  mark 
shall  be  placed  opposite  each  voter's  name  on  the  registra- 
tion-list, and  that  his  name  shall  be  entered  on  a  poll-list  and 
numbered  in  the  order  of  voting  as  he  casts  his  ballot.  (R.  L. 
vol.  I  p.713-14;  Acts  1898  no.152  §  74-75)- 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words 

"  official  ballot,"  followed  by  the  designation  of  the  polling 


124  NEW  YORK  STATE  LIBRARY 

place  and  of  the  election  for  which  the  ballot  is  prepared,  the 
date  of  the  election,  and  a  facsimile  of  the  signature  of  the 
secretary  of  state  (R.  L.  vol.  i  p.710;  Acts  1898  no.  152  §  66). 
9  No  provision  for  separate  ballots  for  any  local  or  other  officers 
voted  for  at  general  elections.  Constitutional  amendments 
and  other  questions  are  printed  on  the  general  ballot  below  the 
lists  of  candidates,  by  short  title  and  reference.  (R.  L.  vol.  i 
p.709;  Acts  1898  no.  1 52  §  65). 
10  Three  sample  ballots  to  be  posted  in  each  polling  place.  No  pro- 
vision as  to  their  color,  etc.  (R.  L.  vol.  i  p.711;  Acts  1898 
no.  1 52  §  69  as  amended  by  1900  no.  132  p. 202). 

Rules  for  marking 

To  vote  a  straight  ticket,  the  voter  is  to  stamp  the  circle  con- 
taining the  device  at  the  head  of  the  party  column.  To  vote  a 
split  ticket,  he  is  to  stamp  the  voting  squares  opposite  the  names 
of  the  individual  candidates  for  whom  he  wishes  to  vote ;  or  he 
may  write  the  names  of  any  persons  "  other  than  nominees  of  polit- 
ical parties  "  in  the  spaces  "  provided  for  such  purpose,  with  a 
pencil  having  black  lead,  and  obliterate  with  the  official  stamp 
the  white  square  in  the  voting  space  at  the  right  of  the  name  so 
written."  To  vote  on  a  constitutional  amendment,  he  is  to  stamp 
the  voting  square  opposite  the  answer  which  he  desires  to  give. 
(R.  L.  vol.  I  p.709,  714;  Acts  1898  no.152  §  65,  75). 

MAINE 
Constitutional  provisions 

'\  .  .  the  elections  [of  governor,  senators  and  representa- 
tives] shall  be  by  Avritten  ballot"  (Const,  1819  art.2  §  i). 

''  Upon  one  side  of  every  ballot  shall  be  printed  or  written  the 
name  of  the  county,  and  also  of  the  city,  town  or  plantation  of 
this  state,  in  which  is  the  residence  of  the  person  proposing  to 
vote.  Upon  the  other  side  shall  be  the  name  or  names  of  the 
person  to  be  voted  for,  and  the  office  or  offices  which  he  or  they 
are  intended  to  fill.  .  .  They  [the  supervisors  of  elections] 
shall  keep  correct  poll-lists  of  the  names  of  all  persons  allowed 
to  vote.  .  .  They  shall  check  the  name  of  every  person  before 
he  is  allowed  to  vote,  and  the  check  mark  shall  be  plainly  made 
against  his  name  on  the  poll-lists.  .  .  The  legislature  of  this 
state  may  pass  any  law  additional  to  the  foregoing  provisions,  if 


AMERICAN   F.ALLOT  LAWS,    1888-I9IO  I25 

any  shall,  in  practice^  be  found  necessary  in  order  more  fully  to 
carry  into  effect  the  purpose  thereof."    Const.  1819  art.2  §  4), 

''And  the  votes  [for  judges  and  registers  of  probate,  sheriffs, 
and  all  county  officers]  shall  be  given  at  the  same  time  and  in  the 
same  manner,  and  the  names  of  the  several  candidates  shall  be 
printed  or  written  on  the  same  ballots  with  those  for  governor, 
senators  and  representatives,  as  provided  in  section  four,  article 
second  of  this  constitution''  (Const.  1819  art.9  §  12  as  amended 
March  24,  1864,  Amendment  10). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

1  By  certificate  of  nomination  signed  by  the  presiding  officer  and 

the  secretary  of  a  nominating  convention  or  caucus  of  any 
political  party  which  polled  1^  of  the  entire  vote  for  governor 
in  the  district  or  division  for  which  the  nomination  is  made. 

2  By  nomination  papers  signed  by  qualified  voters  to  the  number  of 

(a)  for  a  state  office,  filled  by  the  voters  of  the  state  at  large, 

1000 

(b)  for  an  officer  of  any  electoral  district  or  division,  or  for 

any  municipal   or  'ward  officer,   i^  of  the   total  vote 

.  cast  for  governor,  in  the  electoral  district  or  division 

for  which  the  nomination  is  made,  at  the  last  preceding 

election,  but  in  no  case  less  than  25  (R.  S.  ch.6  §  3-4; 

Pub.  Laws  1891  ch.i02  §  3-4). 

Filed  with  the  secretary  of  state,  or  with  the  clerk  of  a  city 

(R.  S.  ch.6  §  6;  Pub.  Laws  1891  ch.102  §  6  as  amended  by  1893 

ch.267,  1901  ch.138,  1903  ch.169). 

Form  of  ballot 

1  Official;  printed  and  distributed  by  the  secretary  of  state  and 

the  several  city  clerks  at  public  expense  (R.  S.  ch.6  §  i,  16,  18; 
Pub.  Laws  1891  ch.i02  §  i,  16,  18  [as  amended  by  1893  ch. 
267] )  ;  obtainable  by  the  voters  only  at  the  polling  places,  on 
election  day,  and  from  the  election  officers  (R.  S.  ch.6  §  23, 
2y',  Pub.  Laws  1891  ch.102  §  23  (as  amended  by  1893  ch.267) 
and  §  27). 

2  Blanket  (R.  S.  ch.6  §  10;  Pub.  Laws  ch.102  §  10  as  amended 

by  1893  ch.267). 

3  Party  column;  no  emblems.    No  provision  as  to  the  order  of  the 

several  columns.     (R.  S.  ch.6  §  10). 

4  Special  squares   for  voting  a  straight  party  ticket   (R.  S.  ch.6 


126  NEW  YORK  STATE  LIBRARY 

§  lo,  24;  Pub.  Laws  1891  ch.i02  §  to,  .24,  as  amended  by 
1893  ch.267). 

5  Blank  spaces  after  the  names  of  the  several  candidates  for  writ- 

ing in  names  (R.  S.  ch.6  §  10). 

6  No  limitation  as  to  the  number  of  times  a  candidate's  name  may- 

appear  on  the  ballot. 

7  No  provision  for  detachable  stubs,  or  for  any  system  of  number- 

ing the  ballots.  The  name  of  each  voter  is  merely  checked 
off  on  the  poll-list  as  he  receives  his  ballot.  (R.  S.  ch.6  §  23 ; 
Pub.  Laws  1891  ch.i02  §  23  as  amended  by  1893  ch.267). 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words 

"  official  ballot.  .  ."  followed  by  the  designation  of  the 
polling  place  for  which  the  ballot  is  prepared,  the  date  of  the 
election,  and  a  facsimile  of  the  signature  of  the  officer  who 
caused  the  ballots  to  be  printed  (R.  S.  ch.6  §  10). 

9  Presidential  elections  held  alone;  only  one  ballot  for  all  state 

and  county  officers,  and  for  congressmen,  at  general  state 
elections  held  in  October ;  city  and  town  elections  usually  held 
in  March,  and  Australian  ballot  law  does  not  apply  to  the 
latter  (R.  S.  ch.6  §  i,  10;  letter  from  sec.  of  state).  Con- 
stitutional and  other  questions  submitted  printed  on  the 
general  state  ballot  below  the  list  of  candidates,  by  short  de- 
scriptive titles  prescribed  by  the  legislature  (R.  S.  ch.6  §  10). 
TO  "  Specimen  ballots,"  similar  to  the  official  ballots  but  on  tinted 
paper  and  without  the  facsimile  indorsement  on  the  back,  to 
be  prepared,  and  ten  or  more  to  be  furnished  to  each  polling 
place  (R.  S.  ch.6  §  13;  Pub.  Laws  1891  ch.102  §  13). 

Rules  for  marking 

To  vote  a  straight  party  ticket,  the  voter  is  to  place  a  cross  mark 
in  the  party  square  at  the  head  of  the  party  column.  To  vote  a 
split  ticket,  he  is  to  place  a  cross  mark  in  one  of  the  party  squares 
and  erase  the  names  of  any  candidates  of  such  party  for  whom  he 
does  not  wish  to  vote,  substituting  other  names,  if  he  wishes,  either 
in  writing,  in  the  blank  spaces  below  the  names  of  the  party  candi- 
dates, or  by  means  of  "  stickers  "  pasted  over  such  names.  There 
are  no  restrictions  as  to  the  form  of  these  ''  stickers,"  or  as  to 
v/here  they  may  be  obtained.  There  are  no  voting  squares  opposite 
the  names  of  the  individual  candidates.  To  vote  on  a  constitutional 
amendment  or  other  question,  the  voter  is  to  place  a  cross  mark 
in  the  margin  opposite  the  answer  which  he  wishes  to  give.  (R.  S. 
ch.6  §  24;  Pub.  Laws  1891  ch.102  §  24  as  amended  by  1893  ch.267). 


AMERICAN   BALLOT  LAWS,    IOOO-I9IO  127 

MARYLAND 
Constitutional  provisions 

"  All  elections  shall  be  by  ballot  "  (Const.  1867  art.i  §  1). 
Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 
By  certificate  of  nomination  signed  by 

1  The  presiding  officer  and  secretary  of  a  nominating  convention 

representing  any  political  party  or  principle  "  whose  highest 
candidate  at  any  election  held  within  two  years  next  preced- 
ing the  holding  of  such  convention  polled  more  than  i^  and 
less  than  10^  of  the  entire  vote  cast  in  the  state,  county  or 
other  division  or  district  for  which  the  nomination  is  made." 

2  (In  the  case  of  candidates  of  a  political  party,  as  above  defined, 

nominated  by  direct  primary  election),  "  by  the  person  or  per- 
sons whose  duty  it  may  be  by  party  usage  to  declare  the 
result  of  such  election." 

3  (In  the  case  of  candidates  nominated  by  a  nominating  conven- 

tion or  direct  primary  election  of  any  party  which  polled  at 
the  last  preceding  general  election  at  least  10^  of  the  entire 
vote  cast  in  the  state)  by  the  officers  of  such  convention  or  the 
boards  of  canvassers  of  such  primary  election  in  the  manner 
prescribed  for  the  filing  of  the  statements  of  canvass  of  general 
elections, 

4  Voters  of  the  district  for  which  the  nomination  is  made  to  the 

number  of 

(a)  for  an  office  filled  by  the  voters  of  the  entire  state,  500 

(b)  for  an  office,  filled  by  the  voters  of  any  congressional 

district,  or  by  the  voters  at  large  in  the  cities  of  Balti- 
more, Annapolis,  Frederick,  Cumberland  or  Hagers- 
town,  300 

(c)  for  any  other  office,  200 

(Code  art.33  §  40-42;  Acts  1896  ch.202  §  36-38,  1901  ch.2, 
1910  p.ii2,  113). 

Filed  with  the  secretary  of  state  or  the  boards  of  supervisors  of 
elections  of  the  several  counties  or  of  the  city  of  Baltimore  (Code 
art.33  §  43;  Acts  1896  ch.202  §  39). 

Form  of  ballot 

I  Official;  printed  and  distributed  by  the  boards  of  supervisors  of 
elections,  at  public  expense  (Code  art.33  §  52-53,  58-59; 
Acts  1896  ch.202  §  48-49,  53-54,  as  amended  by  1901  ch.2)  ; 
obtainable  by  the  voters  only  at  the  polling  places,  on  elec- 


128  NEW  YORK  STATE  LIBRARY 

tion  day  and  from  the  election  officers  (Code  art. 33  §  53,  66; 
Acts  1896  ch.202  §  49  (as  amended  by  1901  ch.2)  and  §  61). 

2  Blanket    (Code   art.33    §    54-55;   Acts    1896   ch.202    §    50,    as 

amended  by  1901  ch.2,  1902  ch.133,  1904  ch.339,  1906  ch.498, 
1908  p.  103). 

3  Oificc  group;  in  twelve  counties  and  in  the  city  of  Baltimore 
•  the  names  of  the  candidates  are  arranged  in  alphabetical  order 

under  the  title  of  each  office,  each  candidate's  name  being  fol- 
lowed by  the  designation  of  the  party,  or  parties,  which  nom- 
inated him.  In  the  remaining  eleven  counties  there  is  no  pro- 
vision as  to  the  arrangement  of  the  candidates'  names  under 
each  office,  and  no  party  designations  of  any  sort  are  allowed 
to  appear  on  the  ballot.     (Code  art.33  §  54~55'  ^s  amended). 

4  No  special  provision  for  voting  a  straight  party  ticket. 

5  No  express  provision  for  blank  spaces  for  writing  in  names,  but 

such  spaces  actually  appear  on  the  ballot  under  the  several 
office  groups. 

6  If  a  candidate  is  nominated  for  the  same  office  by  two  or  more 

parties,  his  name  is  to  be  printed  on  the  ballot  but  once,  fol- 
lowed, in  the  twelve  counties,  and  Baltimore  city,  where  party 
designations  are  used,  by  the  designations  of  all  the  parties 
so  nominating  him  (Code  art.33  §  54-55,  as  amended). 

7  Each  ballot  is  provided  with  a  detachable  stub  at  the  upper  right- 

hand  corner.  One  of  the  judges,  before  delivering  a  ballot 
to  a  voter,  fills  in  on  the  stub  the  name  of  the  voter,  and  his 
number  in  the  order  of  voting,  and  also  writes  his  own  name  or 
initials  in  ink  on  the  back  of  the  ballot.  The  voter's  name  is 
also  entered  in  the  poll-books.  When  the  voter  returns  his 
ballot  the  judges  examine  the  stub  to  see  whether  it  is  the 
same  ballot  that  was  given  to  him,  before  depositing  it.  (Code 
^^t.33  §  57,  66;  Acts  1896  ch.202  §  52,  61,  as  amended  by 
1901   ch.2,   1902   ch.133,   1908  p.99). 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words 

"  Official  ballot  for,''  followed  by  the  designation  of  the 
polling  place  for  which  the  ballot  is  prepared,  the  date  of  the 
election,  and  the  facsimile  of  the  signature  of  the  president 
of  the  board  of  supervisors  of  elections  by  which  the  ballots 
were  prepared  (Code  art.33  §  57,  as  amended). 

9  No  separate  ballots  for  local  or  other  officers  voted  for  at  gen- 

eral elections.  Constitutional  amendments  and  other  questions 
submitted   are   printed   on   the   general   ballot   by   fairly   full 


AMERICAN   BALLOT  LAWS,    I555-I9IO  I29 

descriptive  titles  prescribed  by  the  general  assembly.  (Code 
art.33  §  54-55;  also  §  53  and  §  56;  Acts  1901  ch.2 ;  Const. 
1867  art.  14  §1). 
10  In  the  twelve  counties,  and  Baltimore  city,  where  party  designa- 
tions are  placed  on  the  ballot  "  specimen  ballots,"  considerably 
larger  than  the  official  ballots  and  printed  on  heavy  paper  or 
cardboard,  are  provided  for,  and  ten  or  more  of  them  are 
to  be  posted  up  in  each  polling  place.  In  the  other  eleven 
counties  no  *'  specimen  ballots  "  are  provided  for,  but  lists  of 
the  candidates  of  each  party  are  to  be  posted  up.  (Code  art.33 
§  121-22;  Acts  1896  ch.202  §  114A,  as  amended  by  1901  ch.2, 
1904   ch.339,    1908   p.99). 

Rules  for  marking 

Only  one  method  of  marking  is  provided  for.  Whether  the  voter 
wishes  to  vote  a  straight  ticket  or  a  split  ticket,  he  is  to  place  a  cross 
mark  in  the  voting  square  opposite  the  name  of  each  candidate  for 
whom  he  wishes  to  vote,  or  to  write  in,  in  one  of  the  blank  spaces 
provided  for  the  purpose,  the  name  of  any  person  whose  name  is 
not  printed  on  the  ballot,  and  place  a  cross  mark  in  the  voting  square 
opposite  thereto.  In  voting  on  a  constitutional  amendment  or  other 
question  the  voter  is  to  place  a  cross  mark  in  the  voting  square 
opposite  the  answer  which  he  desires  to  give.  (Code  art.33  §  66; 
Acts  1896  ch.202  §  61  as  amended  by  1901  ch.2).  In  the  twelve 
counties,  and  Baltimore  city,  in  which  party  designations  appear  on 
the  ballots,  all  the  candidates  for  presidential  electors  of  any  one 
party  may  be  voted  for  by  a  single  cross  mark  in  the  voting  square 
opposite  the  names  of  the  candidates  for  president  and  vice-presi- 
dent (Code  art.33  §  54,  as  amended). 

"  Any  voter  may  take  with  him  into  the  polling  place  any  written 
or  printed  memorandum  or  paper  to  assist  him  in  marking  or  pre- 
paring his  ballot,  except  a  facsimile  of  the  ballot  to  be  voted  "  (Code 
art.33  §  53;  Acts  1896  ch.202  §  49  as  amended  by  1901  ch.2). 

MASSACHUSETTS 
Constitutional  provisions 

".  .  .  there  shall  be  a  meeting  ...  of  the  inhabitants  of 
each  town  in  the  several  counties  of  this  commonwealth  .  .  , 
for  the  purpose  of  electing  persons  to  be  senators  and  councillors 
.  .  .  The  selectmen  of  the  several  towns  shall  preside  at  such 
meetings  impartially ;  and  shall  receive  the  votes  of  all  the  inhabit- 


130  NEW  YORK  STATE  LI<3K.ARY 

ants  of  such  towns  present  qualified  to  vote  for  senators,  and  shall 
sort  and  count  them  in  open  town  meeting  .  .  .  Those  persons 
who  shall  be  qualified  to  vote  for  senators  and  representatives  within 
the  several  towns  of  this  commonwealth  shall,  at  a  meeting  to  be 
called  for  that  purpose  .  .  .  give  in  their  votes  for  a  governor, 
to  the  selectmen,  who  shall  preside  at  such  meeting;  and  the  town 
clerk,  in  the  presence  and  with  the  assistance  of  the  selectmen,  shall, 
in  open  town  meeting  sort  and  count  the  votes  .  .  ."  (Const. 
I/80  ch.i  §  II  art.2;  ch.2  §  I  art. 3.  These  same  provisions 
apply  to  the  election  of  lieutenant-governor,  councillors  and  state 
officers  (Const.  1780  ch.2  §  2  art.i ;  Amendments  arts.  16, 
17).  The  regulation  of  elections  of  local  officers  is  left  to  the 
legislature  (Const.  1780  Amendments  art.  19). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

1  By  certificate  of  nomination^  signed  by  the  presiding  officer  and 

secretary  of  a  nominating  convention,  caucus  or  direct  primary 
of  any  party  which,  at  the  five  preceding  annual  elections, 
polled,  in  the  district  for  which  the  nomination  is  made,  a 
number  of  votes  for  governor  equal  to  the  number  of  voters 
required  to  nominate  by  nomination  papers  a  candidate  for 
the  office  in  question  (Acts  1907  ch.560  §  165,  167,  171 ;  R.  L. 
ch.ii   §   136,  139,   142;  Acts  1903  ch.454). 

2  By  nomination  papers,  signed  by  voters  to  the  number  of 

(a)  for  an  office  to  be  filled  by  voters  of  the  entire  common- 

wealth, 1000 

(b)  for  any  other  office  to  be  filled  at  a  state  election,  and 

for  all  offices  to  be  filled  at  any  city  election,  2^  of  the 
total  number  of  votes  for  governor  at  the  preceding 
election  in  the  district  for  which  the  nomination  is 
made,  but  in  no  case  less  than  50,  or  over  1000  voters 

(c)  for  a  town  office,  2^/0  of  the  total  vote  for  governor  in  the 

town  at  the  last  preceding  election,  but  in  no  case  less 
than  20  voters. 
(Acts  1907  ch.560  §  172;  R.  L.  ch.ii  §  143;  Acts  1906  ch.444  §  4, 
1907  ch.429  §  6). 

Filed  zvith  the  secretary  of  the  commonwealth,  the  city  and  town 
clerks,  and,  in  Boston,  the  election  commissioners  (Acts  1907  ch.560 
§  176;  R.  L.  ch.ii  §  147). 

Form  of  ballot 

I   Official;  printed  and  distributed  by  the  secretary  of  the  com- 
monwealth, the  town  and  city  clerks,  or  the  election  commis- 


AMERICAN   BALLOT  LAWS,    1888-I9IO  I3I 

sioners  of  the  city  of  Boston,  at  public  expense  (Acts  1907 
ch.560  §  229,  242-43;  R.  L.  ch.ii  §  8,  195,  208-9,  214;  Acts 
1907  ch.429  §  10)  ;  obtainable  only  at  the  polling  places,  on 
election  day,  from  the  election  officers  (Acts  1907  ch.560 
§  259,  266,  439;  R.  L.  ch.ii  §  225,  233,  405 ;  Acts  1903  ch.474 
§  10,  ie06  ch.444  §  8). 

2  Blanket  (Acts  1907  ch.560  §  230;  R.  L.  ch.ii  §  196). 

3  Office  group;  the  names  of  the  candidates  are  arranged  in  alpha- 

betical order,  according  to  surnames,  under  the  title  of  each 
office,  the  candidates  for  the  same  office  but  for  different 
terms,  however,  being  grouped  according  to  the  length  of 
their  respective  terms.  Each  candidate's  name  is  followed  by 
his  party  designation.  (Acts  1907  ch.560  §  231;  R.  L.'chjit? 
§  8,  197;  Acts  1907  ch.429  §  8).«  — ^^ 

4  No  special  provision  for  voting  a  straight  party  ticket. 

5  Blank  spaces  after  each  office  group  for  writing  in  names,  as 

many  as  there  are  persons  to  be  elected  to  the  office  (Acts 
1907  ch.560  §  231). 

6  No  candidate's  name  is  to  appear  more  than  once  on  the  ballot, 

but  each  candidate's  name  is  to  be  followed  by  the  designa- 
tions of  all  the  parties  or  groups  which  have  nominated  him 
for  the  office  in  question.  A  candidate  may  choose  in  what 
order  these  designations  are  to  follow  his  name;  if  he  fails 
to  do  so,  the  officer  charged  with  printing  the  ballots  is  to 
decide.     (Acts  1907  ch.560  §  230). 

7  No  provision  for  detachable  stubs,  nor  for  any  system  of  num- 

bering the  ballots.  Each  voter's  name  is  merely  checked  off 
on  the  voting-list  as  he  receives  his  ballot  and  again  as  he  de- 
posits it  in  the  ballot-box.     (Acts  1907  ch.  560  §  259,  266). 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words 

"  official  ballot  for,"  followed  by  the  voting  precinct 
or  town  for  which  the  ballot  is  prepared,  the  date  of  the 
election,  and  a  facsimile  of  the  signature  of  the  officer  who 
caused  the  ballots  to  be  prepared  (Acts  1907  ch.560  §  231). 

9  No  separate  ballots  for  any  local  or  other  officers  voted  for  at 

general  elections,  except  in  the  case  of  members  of  school 
committees,  for  whom  women  are  entitled  to  vote.  For  them 
separate  ballots  are  printed  on  colored  paper  and  with  a  special 
indorsement  on  the  back.  There  are  also  *'  partial  ballots," 
for  voters  entitled  to  vote  only  for  certain  officers,  with  a 
special  indorsement  on  the  back.  Town  and  city  elections 
held  separately.     Constitutional  amendments  and  other  ques- 

5 


132  NEW  YORK  STATE  LIBRARY 

tions  printed  on  the  general  ballot  after  the  lists  of  candidates, 
by  brief  descriptive  questions  in  such  form  as  the  legislature 
may  prescribe.  (Acts  1907  ch.560  §  231;  also  §  234;  R.  L. 
ch.ii  §  200). 
10  Ten  or  more  *'  specimen  ballots,"  printed  on  colored  paper  and 
without  the  official  indorsement  on  the  back,  to  be  provided 
and  posted  in  each  polling  place  (Acts  1907  ch.560  §  237, 
248;  R.  L.  ch.ii  §  8,  203,  214;  Acts  1907  ch.429  §  11). 

Rules  for  marking 

Only  one  method  provided  for  marking  the  ballot.  Whether  the 
voter  wishes  to  vote  a  straight  ticket  or  a  split  ticket,  he  is  to  make 
a  cross  mark  in  the  voting  square  opposite  the  name  of  each  candi- 
date for  whom  he  wishes  to  vote,  or  to  write  in  one  of  the  blank 
spaces  provided  for  the  purpose,  the  name  of  any  person  whose 
name  is  not  printed  on  the  ballot,  making  a  cross  mark  in  the  ap- 
propriate voting  square.  In  voting  on  a  constitutional  amendment 
or  other  question,  the  voter  is  to  place  a  cross  mark  in  the  voting 
square  opposite  the  answer  which  he  desires  to  give.  All  the  candi- 
dates for  presidential  electors  of  any  one  party,  however,  may  be 
voted  for  by  a  single  cross  mark  in  the  voting  square  opposite  the 
names  of  the  candidates  for  president  and  vice-president.     (Acts 

1907  ch.560  §  260-61;   R.  L.  ch.ii  §  227-28). 

MICHIGAN 
Constitutional  provisions 

"  All  votes  shall  be  given  by  ballot,  except  for  such  township 
officers  as  may  be  authorized  by  law  to  be  otherwise  chosen  "  (Const. 

1908  art.3  §  7). 

''  Proposed  amendments  [i.  e.  to  the  constitution]  shall  also  be 
printed  in  full  on  a  ballot  or  ballots  separate  from  the  ballot  con- 
taining the  names  of  nominees  for  public  office "  (Const.  1908 
art.17  §  3). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

1  On  canvass  of  the  returns  of  a  direct  primary  election  of  any 

political  party  by  the  regular  boards  of  canvassers,  and  certi- 
fication of  the  results  (Pub.. Acts  1909  no.281  §  37-38,  41-44). 

2  (In  the  case  of  those  offices  to  which  the  direct  primary  law 

of  1909  does  not  apply)  by  certificate  of  nomination  signed 
by  the  chairman  and  secretary  of  the  state,  district  or  county 
committee  of  any  political  party  in  regard  to  the  candidates 
nominated  at  any  regular  nominating  convention  of  such  party 


AMERICAN   BALLOT  LAWS,    1888-I9IO  133 

(C.  L.  §  3621;  Pub.  Acts  1891  no.190  §  10,  1895  no.17,  271, 
1905  no.25).  Filed  zvith  the  boards  of  election  commissioners 
of  the  several  counties,  townships,  cities  and  villages  (C.  L. 
§  3620-21,  3659;  Pub.  Acts  1891  no.194,  190  §  9-10  as 
amended  by  1895  no.17  and  271,  1905  no.25,  1907  no.189). 
3  No  provision  for  independent,  non-partisan  nominations  by  peti- 
tion. 

Form  of  ballot 

1  Official;  printed  and  distributed  by  the  boards  of  election  com- 

missioners of  the  several  counties,  townships,  cities  and  vil- 
lages, at  public  expense  (C.  L.  §  3625,  3629-30;  Pub.  Acts 
1891  no.190  §  14  (as  amended  by  1893  no.202,  1895  no.271, 
1897  no.  266  and  1901  no.214),  §  19  (as  amended  by  1895 
no.271)  and  §  20)  ;  obtainable  by  the  voters  only  at  the  polling 
places,  on  election  day  and  from  the  election  officers  (C.  L. 
§  3632,  3640;  Pub.  Acts  1891  no.190  §  22  (as  amended  by  1901 
no.214  and  1905  no.55)  and  §  30). 

2  Blanket  (C.  L.  §  3625;  Pub.  Acts  1891  no.190  §  14  as  amended 

by  1893  no.202,  1895  no.271,  1897  no.266,  and  1901  no.214). 

3  Party  column;  emblems ;  the  columns  are  arranged  from  left  to 

right  according  to  the  size  of  the  vote  cast  by  the  respective 
parties  at  the  last  preceding  election  (C.  L.  §  3625). 

4  Special  circles  (or  squares)   for  voting  a  straight  party  ticket 

(C.  L.  §  3625). 

5  Blank  spaces  for  writing  in  names  are  referred  to,  but  are  not 

expressly  provided  for  (C.  L.  §  3625).  The  ballot  itself 
shows  a  small  blank  space  under  the  name  of  each  candidate. 

6  No  candidate's  name  to  appear  on  the  ballot  in  more  than  one 

column  (except  for  the  office  of  circuit  judge  in  the  tenth 
judicial  circuit)  ;  the  candidate  may  choose  in  which  column 
his  name  shall  appear,  but  if  he  fails  to  do  so,  his  name  is  to 
be  placed  in  the  column  belonging  to  the  party  which  first 
filed  a  certificate  of  his  nomination  (C.  L.  §  3621). 

7  Each  ballot  provided  with  a  detachable  stub  or  corner.     The 

stubs  are  numbered  on  the  back  consecutively  for  each  polling 
place.  As  each  voter  receives  his  ballot,  his  name  and  the 
number  on  the  stub  of  the  ballot,  are  entered  on  the  poll-list, 
one  of  the  inspectors  having  previously  written  his  initials  in 
ink  on  the  back  of  the  ballot  directly  below  the  perforated  line, 
"  in  his  ordinary  handwriting,  and  without  any  distinguish- 
ing mark  of  any  kind."  When  the  voter  returns  his  ballot 
after  marking  it,  his  name  and  the  number  on  the  stub  are 


134  NEW  YORK  STATE  LtBRARV 

.called  out  and  compared  with  those  on  the  poll-list.  If  they 
correspond,  the  stub  is  torn  off  and  the  ballot  deposited  in 
the  ballot-box.  (C.  L.  §  3625,  3632,  3636;  Pub.  Acts  1891 
no. 1 90  §  26  (as  amended  by  1893  no.202,  1897  i^<>-59  ^^d 
1901  no.214),  1909  no.192). 

8  No  provision  for  any  printed  indorsement  on  the  back  or  out- 

side of  the  ballot. 

9  No  separate  ballots  for  local  or  other  officers  voted  for  at  gen- 

eral elections.  Supreme  court  justices  and  regents  of  the 
state  university  voted  for  on  the  same  ballot  at  city  and  town- 
ship elections  held  in  April.  Village  elections  held  separately 
in  March.  (C.  L.  §  3625,  179,  181,  2714).  All  constitutional 
amendments  to  be  printed  on  a  separate  ballot,  or  ballots,  in 
full  (Const,  art.  17  §  3).  In  the  case  of  other  questions  sub- 
mitted, which  are  also  printed  on  a  separate  ballot,  their  sub- 
stance is  "  to  be  clearly  indicated  upon  said  ballot  by  a  suit- 
able designation  in  distinct  and  easily  legible  type  .  .  ." 
(C.  L.  §  3657;  Pub.  Acts  no.190  §  48  as  amended  by  1897 
no.266) . 
10  Sample  or  "  instruction  ballots,"  printed  on  red,  yellow  or  blue 
paper,  with  the  words  "  instruction  ballot "  at  the  top,  to  be 
prepared  and  furnished  to  the  chairmen  of  party  committees, 
or  to  candidates,  on  application,  for  distribution  among  the 
voters  (C.  L.  §  3627;  Pub.  Acts  1891  no.190  §  16  as  amended 
by  1893  no.202). 

Rules  for  marking 

To  vote  a  straight  party  ticket,  the  voter  is  to  place  a  cross  mark 
in  one  of  the  party  circles.  To  vote  a  split  ticket,  he  is  also  to 
place  a  cross  mark  in  one  of  the  party  circles,  and  to  place  other 
cross  marks  in  the  voting  squares  opposite  the  names  of  the  indi- 
vidual candidates  of  other  parties  for  whom  he  wishes  to  vote. 
Where  two  or  more  persons  are  to  be  elected  to  any  one  office,  he  is 
to  place  cross  marks  opposite  the  names  of  the  candidates  of  other 
parties  for  whom  he  wishes  to  vote,  and  to  erase  any  equal  number 
of  names  of  candidates  of  his  own  party  for  such  office.  (In  case 
he  fails  to  erase  the  names  of  an  equal  number  of  his  own  party's 
candidates,  he  is  to  be  presumed  to  have  erased  the  names  of  the 
party  candidates  opposite  the  candidates  of  other  parties  whom  he 
has  voted  for.)  To  vote  for  any  person  whose  name  is  not  printed 
on  the  ballot,  he  is  to  write  the  name  in  his  party  column  under 
that  of  the  party  candidate  for  the  same  office.    A  split  ticket  may 


AMERICAN    B/.LLOT   LAWS,    1888-I9IO  I35 

also  be  voted  by  placing  cross  marks  only  opposite  the  names  of  the 
individual  candidates  without  marking  the  party  circle.  Pasters  may 
also  be  used,  but  no  particular  form  is  prescribed,  nor  any  rules  as 
to  their  use.  To  vote  on  a  constitutional  amendment  or  other  ques- 
tion, the  voter  is  to  place  a  cross  mark  in  the  voting  square  oppo- 
site the  answer  which  he  desires  to  give.  (C.  L.  §  3636;  Pub.  Acts 
1891  no.  190  §  26  as  amended  by  1893  no.202,  1897  no.59  and  1901 
no.214). 

MINNESOTA 
Constitutional  provisions 

"All  elections  shall  be  by  ballot  except  for  such  town  officers  as 
may  be  directed  by  law  to  be  otherwise  chosen  "  (Const.  1857  art.7 
§  6). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

By  certificate  of  nomination,  signed  by 

1  State  and  county  boards  of  canvassers  of  direct  primary  elec- 

tions of  political  parties  which  have  maintained  in  the  district 
in  question  a  party  organization  and  presented  candidates  for 
election  at  three  or  more  biennial  elections  within  the  ten 
years  last  preceding,  or  of  which  voters  to  the  number  of  10^ 
of  the  party  vote  at  the  last  preceding  election  have  petitioned 
for  a  place  on  the  primary  ballot  (R.  L.  ch.6  §  182,  199-201  ; 
Laws  1899  ch.349  §  2,  24-25,  1901  ch.2i6  §  8-9). 

2  The  presiding  officer  and  secretary  of  a  nominating  convention 

of  a  political  party,  which  at  the  last  election  polled  at  least 
i^  of  the  entire  vote  in  the  district  for  which  the  nomination 
is  made  (R.  L.  ch.6  §  211-12;  Laws  1893  ch.4  §  33-34). 

3  Voters  resident  in  the  district  to  a  number  equivalent  to 

(a)  for  a  state  office,  i'/  of  the  entire  vote  at  the  last  election, 

but  not  over  20(X) 

(b)  for  a  congressional  or  judicial  district  office,  5^  of  the 

entire  vote  at  the  last  election,  but  not  over  500 

(c)  for  any  other  office,  10;^  of  the  entire  vote  at  the  last 

election,  but  not  over  500 
(R.  L.  and  Supp.  ch.6  §  213;  Laws  1893  ch4  §  35,  1895  ch. 
135,  1905  ch.134). 
Certificates  of  nomination  under  (2)  and  (3)  filed  with  the  secre- 
tary of  state,  county  auditor,  city  clerk,  "  or  other  proper  officer  " 
(R.  L.  ch.6  §  221  ;  Laws  1893  ch.4  §  44). 


136  NEW  YORK  STATE  LIBRARY 

Form  of  ballot 

1  OMcial;  printed  and  distributed  by  the  secretary  of  state,  county 

auditors  and  city  clerks  at  public  expense  (R.  L.  and  Supp. 
ch.6  §  166-69;  Laws  1893  ch.4  §  19-23,  1895  ch.275,  1897 
ch.190,  1903  ch.251,  1905  ch.87,  214)  ;  obtainable  by  the 
voters  only  on  election  day,  at  the  polling  places  and  from  the 
election  officers  (R.  L.  ch.6  §  266-6'/,  274;  Laws  1893  ch.4 
§  89,  90,  99). 

2  Blanket  (R.  L.  ch.6  §  165,  167-68;  Laws  1893  ch.4  §  20-22,  1897 

ch.190). 

3  OiJice  group;  offices  arranged  in  such  order  as  the  officers  print- 

ing the  ballot  may  direct;  names  of  candidates  arranged 
according  to  the  size  of  the  party  vote  at  the  last  preceding 
election,  those  of  the  party  receiving  the  largest  number  of 
votes  being  placed  at  the  top,  and  so  on.  When  more  than 
two  persons  are  to  be  elected  to  any  one  office  the  names  of 
all  candidates  for  such  office  are  arranged  in  rotation,  so  that 
each  name  appears  at  the  top  on  an  equal  number  of  ballots. 
(R.  L.  ch.6  §  171-73,  177,  180;  Laws  1893  ch.4  §  25-26,  1901 

ch.88§3). 

4  No  special  method  provided  for  voting  a  straight  party  ticket. 

5  Blank  spaces  for  writing  in  names  below  each  office  group,  as 

many  as  there  are  persons  to  be  elected  to  such  office  (R.  L. 
ch.6  §  172;  Laws  1893  ch.4  §  25). 

6  No  express  provision   that  no  candidate's   name  shall  appear 

on  the  ballot  more  than  once.  Each  candidate's  name  is  to  be 
followed  by  his  party  designation.  (R.  L.  ch.6  §  172).  "  Nor 
shall  any  person  be  named  on  the  official  ballot  as  the  candi- 
date of  more  than  one  party,  or  of  any  party  other  than 
that  whose  certificate  of  his  nomination  was  first  properly 
filed"  (R.  L.  ch.6  §  176;  Laws  1901  ch.312,  1903  ch.232). 

7  No  provision  for  detachable  stubs  or  for  any  system  of  number- 

ing the  ballots.^  Two  of  the  judges  are  to  write  their  initials 
on  each  ballot  before  its  delivery  to  a  voter.  (R.  L.  ch.6 
§  266;  Laws  1893  ch.4  §  89). 

8  On  the  back,  or  outside,  of  the  ballot  are  to  be  printed  the 

words  "  official  ballots,"  the  date  of  the  election,  a  fascimile  of 
the  signature  of  the  officer  who  caused  the  ballots  to  be  printed 
and  lines  for  the  initials  of  the  judges  (R.  L.  ch.6  §  178; 
Laws  1893  ch.4  §  2/,  1901  ch.88  §1). 


lAn  act  of  1878  providing  for  the  numbering  of  the  ballots  to  correspond  with  the  num-* 
bers  of  the  voters  on  the  poll-list  was  held  to  violatel§6  art. 7  of  the  constitution  (cf.  divi- 
sion i)  26  Minn.  107..  .,     . 


AMERICAN    BALLOT   LAWS,    1888-I9IO  137 

9  White  ballots  for  state,  red  for  city,  and  blue  for  all  other 
officers.  Pink  ballots  for  constitutional  amendments  and  all 
other  questions  to  be  voted  on  throughout  the  state.  Munic- 
ipal questions  on  lavender  ballots.  Law  does  not  provide 
in  what  form  amendments  and  questions  are  to  be  printed, 
but  an  examination  of  the  ballots  themselves  shows  that  they 
are  printed  by  fairly  full  descriptive  titles,  not  in  full.  (R.  L, 
ph.6  §  164-68.)  Charters  providing  for  the  commission  form 
of  government  in  "  home  rule  charter  "  cities  may  prescribe 
the  form  of  ballot  to  be  used  at  municipal  elections  (R.  L. 
and  Supp.  ch.9  §  758  subd.  i,  2;  Laws  1909  ch.170). 
10  Sample  ballots  of  a  different  color  from  any  of  the  official 
ballots  may  be  brought  by  the  voters  into  the  voting  booths 
to  assist  them  in  marking  their  ballots,  but  there  is  no  pro- 
vision for  the  preparation  or  distribution  of  such  sample 
ballots,  or  for  the  posting  of  them  in  the  polling  places  by  the 
election  officers  (R.  L.  ch.6  §  274;  Laws  1893  ch.4  §  99). 

Rules  for  marking 

The  voter,  whether  he  wishes  to  vote  a  straight  ticket  or  a  split 
ticket,  is  to  do  so  by  placing  a  cross  mark  in  the  voting  square 
opposite  the  name  of  each  candidate  for  whom  he  wishes  to  vote, 
or  by  writing  in  the  name  of  any  person  for  whom  he  wishes  to 
vote  in  one  of  the  blank  spaces  provided  for  that  purpose.  To  vote 
for  all  the  presidential  electors  of  any  one  party,  however,  all  that  is 
necessary  is  to  place  a  cross  mark  in  the  special  square  opposite 
the  name  of  the  presidential  candidate  of  the  party.  (R.  L.  ch.6 
§  275 ;  Laws  1893  ch.4  §  100  amended  in  the  revision  of  the  statutes 
in  1905). 

In  voting  on  constitutional  amendments  or  other  questions  sub- 
mitted, the  voter  is  to  place  a  cross  mark  opposite  the  answer  which 
he  desires  to  give  (R.  L.  ch.6  §  166). 

MISSISSIPPI 
Constitutional  provisions 
"All  elections  by  the  people  shall  be  by  ballot"   (Const.   1890 
art.i2  §  240). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

I  "  Upon  written  request  of  one  or  more  candidates  "  nominated 

"  by  the  primary  election  of  any  political  party,"  "  or  of  any 

qualified  elector  who  will  make  oath  that  he  was  a  participant 

in  the  primary  election,  and  that  the  person  whose  name  is 

presented  by  him  was  nominated  by  such  primary  election." 


138  NEW  YORK  STATE  LIBRARY 

2  By  petition  of  qualified  electors  to  the  number  of 

(a)  for  any  beat  or  municipal  office  in  a  town  or  village  of 

less  than  300  inhabitants,   15 

(b)  for  any  other  office,  50 

(Code  §  4159;  Elec.  Ord.  1890  §  2). 
Such  request  or  petition  is  to  be  filed  with  that  one  of  the  county 
commissioners  who  has  been  designated  by  the  authority  appoint- 
ing such  commissioners  to  have  the  official  ballots  for  the  county 
printed. 

Form  of  ballot 

1  Official;  printed  and  distributed  at  public  expense  by  one  of  the 

county  election  commissioners  of  each  county  designated  by 
the  authority  appointing  such  commissioners,  or  by  the  authori- 
ties of  each  municipality  (Code  §  4157;  Elec.  Ord.  1890 
§  i)  ;  obtainable  by  the  voters  only  on  election  day,  at  the 
polling  places  and  from  the  election  officers  (Code  §  4155-56. 
4167,  4170;  Elec.  Ord.  1890  §  7,  9,  11  and  15). 

2  Blanket  (Code  §  4159;  Elec.  Ord.  1890  §  2). 

3  Office  group;  (the  law  provides  for  the  form  of  the  ballot  only 

by  implication,  but  the  ballots  themselves  are  actually  in  the 
office  group  form,  with  no  party  designations  of  any  sort). 
"  The  arrangement  of  the  names  of  the  candidates,  and  the 
order  in  which  the  titles  of  the  various  offices  shall  be 
printed  ...  is  left  to  the  discretion  of  the  officer 
charged  with  printing  the  official  ballot;  but  the  arrange- 
ment need  not  be  uniform.  It  is  the  duty  of  the  secretary 
of  state,  with  the  approval  of  the  governor,  to  furnish  the 
designated  commissioner  of  each  county  a  sample  of  the 
official  ballot,  the  general  form  of  which  shall  be  followed 
as  nearly  as  practicable."  (Code  §  4160,  4163,  4171 J  Elec. 
Ord.  1890  §  I,  4,  12). 

4  No  special  method  provided  for  voting  a  straight  party  ticket. 

5  One  blank  space  for  writing  in  names  under  the  title  of  each 

office  to  be  voted  for  (Code  §  4160;  Elec.  Ord.  1890  §  i). 

6  No  special  provision  that  a  candidate's  name  may  appear  only 

once  on  the  ballot.  No  provision  for  party  designations  of 
any  sort  after  the  names  of  the  candidates. 

7  No  provision  for  detachable  stubs  or  for  any  system  of  num- 

bering or  initialing  the  ballots  by  the  election  officers. 

8  On  the  back,   or  outside,  of  the  ballot  are  to  be  printed  the 

words  "  official  ballot,"  the  name  of  the  election  district  and 
the  date  of  the  election  (Code  §  4164;  Elec.  Ord.  1890  §  4). 


AMERICAN  BALLOT  LAWS,   188S-191O  I39 

9  No  provision  for  separate  ballots  for  any  local  or  other  officers 
voted  for  at  general  elections.  Constitutional  amend- 
ments and  other  questions  submitted  are  to  be  printed  on  the 
general  ballot.  The  law  does  not  prescribe  in  what  form 
they  are  to  be  printed,  but  the  secretary  of  state  writes  that 
they  are  printed  in  full.  (Code  §  4161 ;  Elec.  Ord.  1890 
§  4.  Letter  from  the  sec.  of  state). 
10  No  provision  for  the  printing,  distribution  or  posting  of  sample 
ballots,  except  for  the  sample  form  of  ballot  which  the  secre- 
tary of  state  sends  to  the  board  of  election  commissioners 
of  each  county  as  a  model  (Code  §  4163). 

Rules  for  marking 

The  voter,  whether  he  wishes  to  vote  a  straight  ticket  01^  a  split 
ticket,  is  to  do  so  by  means  of  a  cross  mark  opposite  the  name  of 
each  candidate  for  whom  he  wishes  to  vote,  or  by  writing  in  the 
name  of  any  person  for  whom  he  wishes  to  vote  in  one  of  the 
blank  spaces  provided  for  that  purpose  and  placing  a  cross  mark 
opposite  thereto.  No  voting  squares  are  provided  opposite  the 
names  of  candidates.  In  voting  on  constitutional  amendments  and 
other  questions  submitted,  the  voter  is  to  place  a  cross  mark  op- 
posite the  answer  which  he  desires  to  give.  No  special  method 
is  provided  for  voting  for  all  the  presidential  electors  of  any  one 
partv  by  a  single  cross  mark.     (Code  §  4171 ;  Elec.  Ord.   1890 

§  12). 

MISSOURI 

Constitutional  provisions 

"All  elections  by  the  people  shall  be  by  ballot ;  every  ballot  voted 
shall  be  numbered  in  the  order  in  which  it  shall  be  received,  and 
the  number  recorded  by  the  election  officers  on  the  list  of  voters, 
opposite  the  name  of  the  voter  who  presents  the  ballot.  The  elec- 
tion officers  shall  be  sworn  or  affirmed  not  to  disclose  how  any 
voter  shall  have  voted,  unless  required  to  do  so  as  witnesses  in  a 
judicial  proceeding:  provided,  that  in  all  cases  of  contested  elec- 
tions the  ballots  cast  may  be  counted,  compared  with  the  list  of 
voters,  and  examined  under  such  safeguards  and  regulations  as 
may  be  prescribed  by  law."    (Const.  1875  art.8  §  3). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

I  On  the  returns  of  the  several  county  boards  of  canvassers  of 
direct  primary  elections,  certified  (in  the  case  of  state  offi- 
cers) by  the  county  clerks  to  the  secretary  of  state,  and  by 


140  NEW  YORK  STATE  LIBRARY 

him,  on  the  completion  of  the  canvass,  to  the  county  clerks 
again  (Laws  1909  p.481  §  22-25). 

2  (In  the  case  of  city,  town  and  village  elections  exempted  from 

the  operation  of  the  direct  primary  law)  by  certificate  of 
nomination  signed  by  the  presiding  officer  and  secretary  of 
a  nominating  convention  (or  the  presiding  officer  and  secre- 
tary of  the  party  committee  under  whose  direction  a  primary 
election  is  held)  of  any  political  party  which  at  the  last  gen- 
eral election  polled  at  least  3^  of  the  entire  vote  in  the  dis- 
trict for  which  the  nomination  is  made  (R.  S.  §  7081-83 ; 
R.  S.  1889  §  4760-62  as  amended  by  Laws  1891  p.133  and 

1893  P.153). 

3  By  certificate  of  nomination  signed  by  electors  resident  in  the 

district  for  which  the  nomination  is  made  to  a  number 
equivalent  to  i^  of  the  entire  vote  cast  in  such  district  at 
the  last  election,  provided  that  the  number  of  signatures  is 
not  to  be  over  1000  nor  less  than  50  (R.  S.  §  7084;  R.  S. 
1889  §  4763  as  amended  in  revision  of  1899). 
Certificates  of  nomination  (2  and  3)  filed  with  the  secretary  of 

state  or  the  county  clerks  of  the  several  counties  (R.  S.  §  7080; 

R.  S.  1889  §  4759),  and  in  St  Louis  and  Kansas  City  with  the 

respective  boards  of  election  commissioners  (R.  S.  §  71 17;  R.  S. 

1889  §  4793). 

Form  of  ballot 

1  Official;  printed  and  distributed  at  public  expense  by  the  county 

clerks  of  the  several  counties  and  by  the  boards  of  election 
commissioners  of  St  Louis  and  Kansas  City  (R.  S.  §  7095, 
7099,  71 17;  R.  S.  1889  §  4772,  4776,  4793,  as  amended  by 
Laws  1891  p.133  and  1893  p.152).  Obtainable  by  the  voters 
only  on  election  day,  at  the  polling  places  and  from  the  elec- 
tion officers  (R.  S.  §  7104,  7109;  R.  S.  1889  §  4780,  4785,  as 
amended  by  Laws  1891  p.133  ^^^  1897  p.107). 

2  A  separate  ballot  for  each  party  containing  only  the  names  of 

the  candidates  nominated  by  such  party.  These  ballots  are 
fastened  together  in  bunches,  each  bunch  containing  one  bal- 
lot of  each  party.  All  the  ballots  are  exactly  similar  on  the 
back.  Each  bunch  of  ballots  is  practically  the  same  as  a 
party  column  blanket  ballot,  except  that  the  columns  are  on 
top  of  one  another  instead  of  side  by  side.  (R.  S.  §  7096; 
R.  S.  1889  §  4773  as  amended  by  Laws  1891  p.133  ^^^ 
1897  p.107). 


AMERICAN  BALLOT  LAWS^    1888-I9IO  I4I 

3  (Separate  ballot  for  each  party). 

4  Cf .  rules  for  marking  in  division  4. 

5  A  blank  space  for  writing  in  a  name  is  provided  under  the 

name  of  each  candidate  on  each  party  ballot  (R.  S.  §  7096). 

6  No  limitation  as  to  the  number  of  different  party  ballots  on 

which  a  candidate's  name  may  appear. 

7  No  provision  for  detachable  stubs.     The  two  judges  in  charge 

of  the  ballots  must  write  on  the  back  of  each  ballot,  before 
its  delivery  to  a  voter,  their  names  or  initials,  and  the  num- 
ber of  the  ballot  in  the  order  in  which  the  ballots  are  de- 
posited (cf.  Const,  art.8  §  3).  No  other  writing  is  to  be 
placed  on  the  back  of  the  ballot  (R.  S.  §  7109,  7104). 

8  No  provision  for  any  printed  indorsement  on  the  back  or  out- 

side of  the  ballot. 

9  No  provision  for  separate  ballots  for  any  local  or  other  officers 

voted  for  at  general  elections.  All  constitutional  amend- 
ments and  other  questions  submitted  are  to  be  printed 
on  a  separate  ballot.  They  are  to  be  printed  in  full,  except 
in  the  case  of  measures  proposed  by  initiative  petition  or 
referendum,  which  are  to  be  printed  by  a  number  and  ballot 
title  prescribed  by  the  secretary  of  state.  (R.  S.  §  7097, 
7121-23,  as  amended  by  Laws  1909  p.492,554  §  6). 
10  No  provision  for  the  preparation,  distribution  or  posting  of 
sample  ballots. 

Rules  for  marking 

Each  voter  receives,  on  entering  the  polling  place,  a  bunch  of 
ballots,  stapled  together  at  the  top,  containing  one  ballot  of  each 
party.  He  is  to  take  this  to  one  of  the  voting  booths  and,  if  he 
wishes  to  vote  a  straight  party  ticket,  is  to  tear  off  the  ballot  of 
the  party  for  which  he  wishes  to  vote,  fold  it,  fold  all  the  other 
ballots  in  the  same  way  and  return  them  all  to  the  election  officers 
who  deposit  the  detached  ballot  in  the  ballot-box  and  the  unused 
ballots  in  another  box,  after  first  numbering  the  voted  ballot  on 
the  back  and  counting  the  unused  ballots  to  see  that  none  are  missing. 
If  the  voter  wishes  to  vote  a  split  ticket,  he  may  erase  any 
of  the  names  on  the  detached  ballot  and  write  in  others  in  the 
blank  spaces  below  the  names  of  the  several  candidates.  (R.  S. 
§  7105;  R.  S.  1889  §  4781  as  amended  by  Laws  1891  p.133,  1893 
p.153  and  1897  p.107). 


14^  N£W    YORK    STATE   LiBliAfeY 

MONTANA 
Constitutional  provisions 

"All  elections  by  the  people  shall  be  by  ballot"  (Const.  1889  art. 
9§i). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 
By  certificate  of  nomination,  signed  by 

1  The  presiding  officer  and   secretary  of   a  nominating   conven- 

tion or  primary  meeting  representing  a  political  party  or 
principle  (Code  §  521-22;  Laws  1889  p.135  §  2-3). 

2  Electors  resident  in  the   district   for  which  the  nomination  is 

made,  to  the  number  of  at  least  5^  of  the  total  vote  for  the 
same  office  at  the  last  preceding  election  (Code  §  524;  Laws 
1889  p.135  §  5  as  amended  by  P.  C.  1895  §  1313). 

Candidates  for  judicial  offices  are  to  be  nominated  only  by 

petition  (independent  nomination  papers),  and  the  names  of 

candidates  for  such  offices  who  have  been  otherwise  nominated 

are  not  to  be  printed  on  the  official  ballot  (Laws  1909  ch.113). 

Filed  with  the  secretary  of  state,  a  county  clerk  or  the  clerk  of  a 

municipal  corporation  (Code  §  523;  Laws  1889  p.135  §  4)- 

Form  of  ballot 

1  Official;  printed  and  distributed  at  public  expense  by  county  or 

city  clerk  (Code  §  541-42,  547;  Laws  1889  p.135  §  i,  I5.  20)  ; 
obtainable  by  the  voters  only  on  election  day,  at  the  polling 
places  and  from  the  election  officers  (Code  §  542,  549,  551; 
Laws  1889  p.135  §  15.  23,  34;  P.  C.  1895  §  1358;  Laws  1901 
p.118,  1907  ch.88  §  4). 

2  Blanket  (Code  §  545;  Laws  1889  p.135  §  ^7  \  P-  C.  1895  §  1354; 

Laws  1901  p. 1 17,  1907  ch.88  §  2). 

3  Party  column;  no  emblems ;  order  of  columns  left  to  the  officer 

printing  the  ballots  (Code  §  545). 

4  No  special  method  provided  for  voting  a  straight  party  ticket. 

5  A  blank  space,  or  spaces,  below  the  name  of  each  candidate  for 

writing  in  names;  as  many  spaces  as  there  are  candidates  to 
be  elected  to  the  office  (Code  §  545). 

6  No  candidate's  name  may  appear  in  more  than  one  place  on 

the  ballot.  A  candidate  nominated  by  two  or  more  parties 
may  choose  in  which  party  column  his  name  shall  appear ;  but 
if  he  fails  to  do  so  the  officer  printing  the  ballots  is  to  place  it 
in  the  column  of  the  party  which  first  nominated  him.  (Code 
§  545)- 


AMERICAN   BAr.LOT  LAWS,    1888-I9IO  1 43 

7  Each  ballot  provided  with  a  detachable  stub.     In  each  precinct 

these  stubs  are  consecutively  numbered,  the  numbers  being 
printed  or  stamped  on  them  before  their  delivery  to  the  voters. 
As  each  ballot  is  delivered  to  a  voter,  its  number  is  entered 
on  the  poll-list  opposite  his  name.  The  stub  with  the  number 
on  it  is  then  torn  off  when  the  ballot  is  returned,  and  the 
ballot  is  deposited  in  one  box  and  the  stub  in  another.  (Code 
§  542;  also  §  551-52;  Laws  1889  p.135  §  23-24;  P.  C.  1895 
§  1361 ;  Laws  1901  p.119,  1907  ch.88  §  4-5). 

8  No  provision  for  any  printed  indorsement  on  the  back  or  out- 

side of  the  ballot,  but  the  judges  are  to  stamp  on  the  back  of 
each  ballot,  before  its  delivery  to  a  voter,  the  words  "  official 
ballots,"  the  name  or  number  of  the  election  precinct,  the 
name  of  the  county,  the  date  of  the  election  and  the  name 
and  official  designation  of  the  clerk  furnishing  the  ballots 
(Code  §  547,  551 ;  Laws  1889  p.135  §  20,  23). 

9  No  provision  for  separate  ballots  for  any  local  or  other  officers 

voted  for  at  general  elections.  All  constitutional  amend- 
ments are  to  be  printed  on  a  separate  ballot.  The  form  in 
which  they  are  to  be  printed  is  not  prescribed  by  law,  but 
examination  of  the  ballots  themselves  shows  that  the  amend- 
ments are  printed  by  short  descriptive  titles.  Questions  sub- 
mitted by  initiative  or  referendum,  and  questions  as  to  county 
bond  issues  are  to  be  printed  on  still  other  ballots.  (Code 
§  iio-ii  [Laws  1907  ch.62  §  5-6],  §  545,  552,  2938  [Laws 
1901  p.13  §  I]). 
10  Sample  ballots  without  the  official  stamp,  to  be  posted  in  the 
polling  places  on  election  day,  one  in  each  voting  booth  and 
three  elsewhere  (Code  §  513;  P.  C.  1895  §  1273). 

Rules  for  marking 

The  voter,  whether  he  wishes  to  vote  a  straight  party  ticket  or 
a  split  ticket,  is  to  do  so  by  placing  a  cross  mark  in  the  square 
before  the  name  of  each  candidate  for  whom  he  wishes  to  vote.  In 
the  case  of  a  constitutional  amendment  or  other  question  the  voter 
is  to  place  a  cross  mark  in  the  square  before  the  answer  which 
he  wishes  to  give.  "  1  he  elector  may  write  in  the  blank  spaces, 
or  paste  over  any  other  name,  the  name  of  any  person  for  whom 
he  wishes  to  vote,  and  vote  for  such  person  by  marking  an  '  X ' 
before  such  name."  The  voter  may  take  with  him  into  the  voting 
booth,  to  assist  him  in  marking  his  ballot,  any  printed  or  written 
memorandum  other  than  an  unofficial  sample  ballot.  (Code  §  542, 
552). 


144  NEW  YORK  STATE  LIBRARY 

NEBRASKA 
Constitutional  provisions 
"All  votes  shall  be  by  ballot"  (Const.  1875  art.7  §  6). 
Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

By  certificate  of  nomination,  signed  by 

1  The  state,  county  or  city  boards  of  canvassers  of  a  direct  pri- 

mary election  (or  the  party  committee  for  the  district  in  the 
case  of  a  A^acancy  occurring  after  the  primary)  (C.  S. 
3326x-y-z,  3327;  Laws  1907  ch.52  §  23-26). 

2  (In  the  case  of  offices  exempted  from  the  operation  of  the  direct 

primary  law  of  1907)  the  presiding  officer  and  secretary 
of  a  nominating  convention  or  committee  of  a  political  party 
(C.  S.  3327m;  Laws  1907  ch.52  §  39). 

3  Electors,   resident  in  the  district  for  which  the  nomination  is 

made  to  the  number  of 

(a)  for  an  office  to  be  filled  by  the  voters  of  the  entire  state, 

not  less  than  1000 

(b)  for  an  office  to  be  filled  by  the  voters  of  a  city,  county 

or  other  division  less  than  the  state,  not  less  than  200 

(c)  for  any  office  to  be  filled  by  the  voters  of  a  township, 

precinct,  or  ward,  not  less  than  50 
(But  for  a  county,  city,  township,  precinct  or  ward  office 
the  number  of  signatures  need  not  include  more  than  one 
quarter  of  the  total  number  of  voters.)      (C.   S.   §   3326c; 
Laws  1897  ch.31  §  5,  1899  ch.26  §  130,  1907  ch.52  §  6). 
Filed  with  the  secretary  of  state,  a  county  clerk  or  a  municipal 
clerk  (C.  S.  §  3326c,  3327^1). 

Form  of  ballot 

1  OMcial;  printed  and  distributed  at  public  expense  by  county  or 

municipal  clerks  (C.  S.  §  3373-74,  3378;  Laws  1907  ch.31 
§  I,  14,  18)  ;  obtainable  by  the  voters  only  on  election  day,  at 
the  polling  places  and  from  the  election  officers  (C.  S.  §  3374, 
3380,  3384,  3386,  3390;  Laws  1897  ch.31  §  14,  20,  24,  26,  30). 

2  Blanket  (C.  S.  §  3375;  Laws  1897  ch.31  §  15,  1899  ch.26  §  140, 

1901  ch.29  §  140,  1903  ch.41). 

3  Office  group;  names  of  candidates  arranged  according  to  the 

size  of  the  party  votes  at  the  last  preceding  election,  those  of 
the  party  which  received  the  largest  vote  being  placed  at  the 
top,  and  so  on.    Names  of  candidates  nominated  by  petition, 


AMERICAN   BALLOT  LAWS,    1888-I9IO  I45 

however,  are  placed  below  those  of  all  the  party  candidates. 
No  provision  as  to  the  order  of  the  several  offices.     (C.  S. 

§  3375). 

4  Special  circles  for  voting  a  straight  party  ticket  (C.  S.  §  3375). 

5  A  blank  space  provided  for  writing  in  names  below  each  office 

group  (C.  S.  §  3375). 

6  No  candidate's  name  is  to  appear  in  more  than  one  place  on  the 

ballot,  but  if  a  candidate  has  been  nominated  by  two  or  more 
parties  for  the  same  office,  the  titles  of  all  such  parties  are  to 
be  placed  after  his  name.  The  order  in  which  they  are  to  be 
so  placed  is  not  prescribed  by  law.     (C.  S.  §  3375). 

7  No  provision  for  detachable  stubs  or  for  any  system  of  number- 

ing the  ballots.  Two  of  the  election  judges  write  their  names 
in  ink  on  the  back  of  each  ballot  before  its  delivery  to  a  voter, 
and  each  voter's  name  is  checked  off  on  the  registration  list 
when  he  receives  his  ballot  and  again  when  he  returns  it. 
(C.  S.  §  3381,  3384;  Laws  1897  ch.31  §  21,  24,  1899  ch.26 
§  146,  1901  ch.29  §  8). 

8  No  provision  for  any  printed  indorsement  on  the  outside  or 

back  of  the  ballot. 

9  No  provision  for  separate  ballots  for  any  local  or  other  officers 

voted  for  at  general  elections.  Constitutional  amend- 
ments and  other  questions  submitted  are  to  be  printed  on  the 
general  ballot,  above  the  names  of  all  the  candidates,  "  in 
such  form  as  will  enable  the  elector  to  vote  upon  the  ques- 
tion so  presented."  An  examination  of  the  ballots  shows  that 
they  are  printed  by  very  brief  titles  and  references.     (C.  S. 

§  3375). 
10  Sample  ballots,  on  red  or  green  paper,  in  the  form  to  be  used  on 
election  day  and  with  the  words  "  sample  ballot "  at  the  top, 
are  to  be  printed  and  in  the  possession  of  the  county  or  munic- 
ipal clerk  ten  days  before  the  election.  They  are  to  be  subject 
to  public  inspection,  and  on  or  before  election  day  any  voter 
may  obtain  not  over  two  such  sample  ballots  and  take  them 
with  him.     (C.  S.  §3375). 

Rules  for  marking 

To  vote  a  straight  party  ticket,  the  voter  is  to  place  a  cross 
mark  in  the  party  circle.  (Such  a  cross  mark  is  also  taken  to  indi- 
cate a  vote  in  favor  of  any  constitutional  amendment,  or  other 
question  to  be  voted  on,  which  has  been  indorsed  by  such  party.) 
To  vote  a  split  ticket,  the  voter  is  to  place  a  cross  mark  after  the 


146  NEW    YORK    STATE    LIBRARY 

name  of  each  candidate  for  whom  he  wishes  to  vote,  or  to  write 
in  the  name  of  any  person  he  wishes  in  one  of  the  blank 
spaces  provided  therefor  and  place  a  cross  mark  after  it.  If  a 
voter  puts  a  cross  mark  in  one  of  the  party  circles  and  other  cross 
marks  after  the  names  of  individual  candidates,  he  is  to  be  deemed 
to  have  voted  for  all  the  candidates  of  the  party  whose  party  circle 
he  marked,  except  those  nominated  for  the  same  offices  as  the  candi- 
dates after  whose  names  he  places  separate  cross  marks.  Where 
(as,  for  example,  in  the  case  of  presidential  electors)  two  or  more 
persons  are  to  be  elected  to  any  one  office,  one  cross  mark  in  the 
circle  opposite  the  candidates  of  any  one  party  will  be  deemed  a 
vote  for  all  the  candidates  of  such  party  for  such  office.  If  the 
voter  sphts  his  vote  for  such  an  office,  he  must  place  a  cross  mark 
after  the  name  of  each  individual  candidate  for  whom  he  wishes  to 
vote.  (C.  S.  §  3381;  Laws  1897  ch.31  §  21,  1899  ch.26  §  146,  1901 
ch.29  §  8).' 

NEVADA 
Constitutional  provisions 

"  All  elections  by  the  people  shall  be  by  ballot     .     .     ."    (Const. 
1864  art.2  §  5). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

By  certificate  of  nomination 

1  Issued  by  "the  officer  charged  with  the  canvass  of  the  returns 

of  any  primary  election  in  any  county,  city  and  county,  or 
municipality,"  or  by  the  secretary  of  state  in  the  case  of 
state  and  district  offices,  on  the  basis  of  the  official  canvass 
of  the  returns  of  such  primary  election   (Laws  1909  ch.198 

1 24). 

2  (In  the  case  of  offices  excluded   from  the   application  of  the 

direct  primary  law  of  1909)  signed  by  the  chairman  and 
secretary  of  a  nominating  convention  of  any  party  which 
polled  at  the  last  election  at  least  3^  of  the  entire  vote  cast 
in  the  political  division  for  which  the  nomination  is  made. 
(Hardly  any  offices  were  excluded  from  the  application  of 
the  direct  primary  law  of  1909,  so  that  this  method  of  nomi- 
nation is  now  virtually  negligible.) §  (Cutting's  C.  L.  §  1694- 
95;  Laws  1891  ch.40  §  2-3). 

3  Signed  by  the  electors  residing  in  the  political  division  for  which 

the  nomination  is  made  to  a  number  equivalent  to  at  least 
10^  of  the  entire  vote  cast  in  such  political  division  at  the  last 
preceding  election,  but  in  no  case  by  less  than  five  electors 
(C  L.  §  1696;  Laws  1891  ch.40  §  2,  4,  1893  ch.io6  §  i). 


AMERICAN   BALLOT  LAWS,    1888-I9IO  1 47 

Certificates  of  nomination  under  (2)  and  (3)  filed  with  the 
secretary  of  state  or  the  clerk  of  the  county  (C.  L.  §  1697;  Laws 
1891  ch.40  §  5). 

Form  of  ballot 

1  Official;  printed  and  distributed  at  public  expense  by  the  clerks 

of  the  several  counties  (C.  L.  §  1693,  1706,  1709;  Laws  1891 
ch.40  §  I,  14,  17,  1899  ch.83  §  2)  ;  obtainable  by  the  voters 
only  on  election  day,  at  the  polling  places  and  from  the  elec- 
tion officers  (C.  L.  §  1703,  1722;  Laws  1891  ch.40  §  II,  30). 

2  Blanfeei  (C.  L.  §  1704;  Laws  1891  ch.40  §  12). 

3  Office  group;  names  of  candidates  arranged  under  each  office 

in  alphabetical  order,  except  in  the  case  of  presidential  elect- 
ors. After  the  name  of  each  candidate  is  printed  his  party 
designation.  The  order  of  the  several  offices  is  not  prescribed. 
(C.  L.  §  1704). 

4  No  special  method  provided  for  voting  a  straight  party  ticket. 

5  One  blank  space  after  each  office  group  for  ''  substituting  names 

to  fill  vacancies  "  (C.  L.  §  1704). 

6  No  express  limitation  as  to  the  number  of  times  a  candidate's 

name  may  appear  on  the  ballot.  No  provision  in  case  a  candi- 
date is  nominated  by  two  or  more  parties. 

7  Each  ballot  provided  with  a  detachable  stub,  and  the  stubs  num- 

bered consecutively  in  each  election  precinct.  The  number  on 
each  stub  is  entered  in  the  registry  book  opposite  the  voter's 
name  as  the  ballot  is  delivered  to  him,  and  this  entry  is  com- 
pared with  the  number  on  the  stub  when  the  voter  return^ 
the  ballot  after  marking  it.  The  stub  is  torn  off  before  the 
ballot  is  deposited  in  the  ballot-box.  (C.  L.  §  1704,  1712; 
Laws  1891  ch.40  §  12,  20). 

8  No  provision  for  any  printed  indorsement  on  the  back  or  out- 

side of  the  ballot,  but  the  ballots  are  printed  on  special  water- 
marked paper,  the  watermark  on  which  shows  through  on  the 
back  when  the  ballot  is  folded.  This  watermark  is  to  be 
changed  before  each  general  election  and  not  repeated  within 
eight  years.     (C.  L.  §  1703;  Laws  1891  ch.40  §  11). 

9  No  provision  for  separate  ballots  for  any  local  or  other  officers 

voted  for  at  general  elections.  Constitutional  amend- 
ments and  other  questions  submitted  are  printed  on  the  gen- 
eral ballot  ''  in  such  manner  as  to  enable  the  voters  to  vote 
upon  the  question  in  the  manner  hereinafter  provided."  Ex- 
amination of  the  ballots  shows  that  they  are  printed  by  the 
titles  given  them  by  the  legislature.     (C.  L.  §  1704). 


148  NEW    YORK    STATE   LIBRARY  ' 

10  At  least  as  many  sample  ballots  are  to  be  provided  for  each  pre- 
cinct, printed  upon  plain  white  paper  without  the  official  water- 
mark, as  there  are  voters  in  the  precinct.  One  such  sample 
ballot  is  to  be  given  to  each  voter  on  request  on  election  day. 
(C.  L.  §  1717;  Laws  1891  ch40  §  25,  1899  ch.83  §  3). 

Rules  for  marking 

The  voter,  whether  he  wishes  to  vote  a  straight  party  ticket  or 
a  split  ticket,  is  to  do  so  by  placing  a  cross  mark  in  the  voting  square 
after  the  name  of  each  candidate  for  whom  he  wishes  to  vote.  Nc 
provision  expressly  permitting  the  writing  in  of  names  not  printed 
on  the  ballot.  To  vote  on  contitutional  amendments  or  other  ques- 
tions submitted  the  voter  is  to  place  a  cross  mark  opposite  the 
answer  which  he  desires  to  give.  (C.  L.  §  1712;  Laws  1891  ch.40 
§  20;  1901  ch.ioo). 

NEW  HAMPSHIRE 
Constitutional  provisions 

"  The  meetings  for  the  choice  of  governor,  council  and  senators 
shall  be  warned  by  warrant  from  the  selectmen,  and  governed  by 
a  moderator,  who  shall  in  the  presence  of  the  selectmen  (whose 
duty  it  shall  be  to  attend),  in  open  meeting  receive  the  votes  of  all 
the  inhabitants  of  such  towns  and  parishes  present  and  qualified  to 
vote  for  senators;  and  shall  in  said  meetings,  in  presence  of  said 
selectmen  and  of  the  town  clerk  in  said  meetings,  sort  and  count 
the  said  votes  and  make  a  public  declaration  thereof,  with  the  name 
of  every  person  voted  for  and  the  number  of  votes  cast  for  each 
person    .     .     ."    (Const.  1783  pt.  2  art.31). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

1  On  canvass  by  the  secretary  of  state  of  returns  of  direct  primary 

elections  and  the  publication  by  him  of  the  names  of  the 
persons  chosen  as  candidates  by  the  various  parties  (Laws 
1909  ch.153  §  12-13). 

2  By  nomination  papers  signed  by  voters  qualified  to  vote  for  the 

office  in  question  to  the  number  of 

(a)  for  an  office  to  be  filled  by  the  voters  of  the  entire  state, 

ICXDO 

(b)  for  the  office  of  congressman,  500 

(c)  for  the  office  of  councillor  or  senator,  or  for  a  county  or 

city  officer,  250 

(d)  for  an  office  to  be  filled  by  the  voters  of  a  town  or  of  a 

ward  of  a  city,  50 
(Chase's  P,  S.  p.141;  Laws  1891  ch.49  §  5,  1897  ch.78  §  5). 


AMERICAN   BALLOT  LAWS,    1888-I9IO  I49 

3   (In  the  case  of  offices  to  which  the  direct  primary  law  of  1909 

does  not  apply)   by  certificate  of  nomination  signed  by  the 

chairman  and  clerk  of  a  caucus  or  convention  of  any  party 

which  at  the  biennial  election  next  preceding  polled  at  least  3^ 

of  the  entire  state  vote  for  governor  (P.  S.  p.140-41;  Laws 

1891  ch.49  §  2,  4,  1897  ch.78  §  2,  4). 

Nomination  papers  (2)  and  certificates  of  nomination  (3)  filed 

with  the  secretary  of  state  (P.  S.  p.141 ;  Laws  1891  ch.49  §  yS, 

1897  ch.78  §  6),  but  for  town  and  city  elections  not  held  at  the  same 

time  as  general  state  elections,  with  the  town  or  city  clerk  (P.  S. 

p.142;  Laws  1897  ch.78  §  8). 

Form  of  ballot 

1  Official;  printed  and  distributed  at  public  expense  by  the  secre- 

tary of  state  or  by  the  clerks  of  cities  and  towns  which  have 
adopted  the  Australian  ballot  law  for  municipal  elections  held 
at  a  different  time  from  state  elections  (P.  S.  p.  142-44;  Laws 
1891  ch.49  §  ia-16,  1897  ch.78  §  8,  10-13)  ;  obtainable  by  the 
voters  only  on  election  day,  at  the  polling  places  and  from  the 
election  officers  (P.  S.  p. 146,  148;  Laws  1891  ch.49  §  22,  25, 
27,  1897  ch.78  §  16,  18,  20). 

2  Blanket  (P.  S.  p.142-43;  Laws  1891  ch.49  §  lo-ii,  1897  ch.78 

§  10). 

3  Party  column;  emblems;  no  provision  as  to  the  order  of  the 

several  columns;  addresses  of  candidates  printed  after  their 
names  (same  reference  as  above). 

4  Special  circles  for  voting  a  straight  party  ticket  (same  reference 

as  above). 

5  A  blank  column  at  the  right  of  the  ballot  for  writing  in  names 

(same  reference  as  above). 

6  No  limitation  as  to  the  number  of  columns  in  which  a  candi- 

date's name  may  appear. 

7  No  provision  for  detachable  stubs  or  for  the  numbering  of  the 

ballots.  The  names  of  the  voters  are  merely  checked  off  on 
the  check-list  as  they  receive,  and  again  as  they  deposit  their 
ballots.  The  election  officers  do  not  write  their  names  or 
initials  on  the  backs  of  the  ballots.  (P.  S.  p.147;  Laws  1891 
ch.49  §  22-23,  1897  ch.78  §  16-17). 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words 

"  official  ballot  for,"  followed  by  the  name  of  the  town  or 
ward  for  which  the  ballot  is  prepared,  the  date  of  the  election 
and  a  facsimile  of  the  signature  of  the  officer  who  had  the 


150  NEW    YORK    STATE   LIBRARY 

ballots  prepared  (P.  S.  p.142-43;  Laws  1891  ch.49  §  lo-ii, 
1897  ch.78  §  10). 
9  No  provision  for  separate  ballots  for  any  local  or  other  officers 
voted  for  at  general  elections.  Constitutional  amend- 
ments and  other  questions  submitted  are  to  be  printed  on  the 
general  ballot.  No  provision  as  to  the  form,  except  that  they 
are  to  be  "  so  printed  as  to  give  each  voter  an  opportunity  to 
designate  by  a  cross  mark  in  a  square  his  answer  to  the  ques- 
tion submitted,"  but  according  to  the  secretary  of  state  (letter 
of  Sept.  2,  1909)  constitutional  amendments  are  printed  in 
such  form  as  the  constitutional  convention  prescribes,  and 
other  questions  in  full.  As  a  matter  of  fact,  no  constitutional 
amendments  have  been  submitted  at  a  general  election  since 
the  Australian  ballot  law  was  adopted.  (Same  reference  as 
above). 
10  Specimen  ballots  are  to  be  prepared  on  tinted  paper  and  without 
the  official  indorsement  on  the  back  —  fifteen  for  each  town  or 
ward.  Five  of  these  are  to  be  posted  in  public  places  prior 
to  election  day,  and  ten  in  each  polling  place  on  election  day. 
(P.  S.  p.  144;  Laws  1891  ch.49  §  12-13,  1897  ch.78  §  11). 

Rules  for  marking 

To  vote  a  straight  party  ticket,  the  voter  is  to  place  a  cross  mark 
in  the  party  circle.  To  vote  a  split  ticket,  he  is  to  place  a  cross 
mark  in  the  party  circle,  erase  on  his  party  ticket  the  name  of  any 
candidate  whom  he  wishes  to  scratch,  and  place  a  cross  mark  in 
the  voting  square  opposite  the  name  of  the  candidate  for  whom  he 
wishes  to  vote,  or  write  in  a  name  in  the  proper  space  in  the  blank 
column.  Unless  cancelled  or  erased,  the  names  of  all  candidates 
in  the  party  column  under  the  party  circle  marked  are  to  be  counted 
irrespective  of  whether  the  voter  has  marked  other  names  elsewhere. 
One  cross  mark  in  a  square  opposite  the  group  of  presidential  elect- 
ors of  any  one  party  votes  for  all  the  electors  of  that  party.  A 
voter  may  also  vote  a  split  ticket  by  marking  only  the  names  of 
individual  candidates.  To  vote  on  a  constitutional  amendment  or 
other  question,  he  is  to  put  a  cross  mark  in  the  square  opposite  the 
answer  which  he  wishes  to  give.  (P.  S.  p.146-47;  Laws  1891  ch.49 
§  2Z,  1897  ch.78  §  17). 

NEW  JERSEY 
Constitutional  provisions 

"  Justices  of  the  peace  shall  be  elected  by  ballot  at  the  annual 
meetings  of  the  townships  in  the  several  counties  of  the  state,  and 


AMfeRlCAW   BALLOT  lAWS,    iSSS-IQtC  I5I 

of  the  wards  of  cities  that  may  vote  in  wards,  in  such  manner  and 
under  such  regulations  as  may  be  hereafter  provided  by  law " 
(Const.  1844  art.7  §  2  |f  8). 

(There  are  no  other  references  in  the  constitution  to  ballots  or  to 
the  manner  of  voting  for  public  officers.) 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

1  By  certificate  of  nomination,  signed  by  the  presiding  officer  and 

secretary  of  "  any  convention  of  delegates  or  nominating  body 
of  a  political  party  "  which  at  the  last  preceding  general  elec- 
tion polled  at  least  2^/>  of  the  total  vote  for  members  of  the 
general  assembly  in  the  political  division  for  which  the  nomi- 
nation is  made  (Pub.  Laws  1898  ch.139  §  38-39). 

2  By  petition  signed  by  qualified  voters,  resident  in  the  district  for 

which  the  nomination  is  made,  to  a  number  equivalent  to  at 
least  2;^  of  the  total  vote  for  members  of  the  general  assembly 
at  the  last  preceding  general  election  in  the  political  division 
for  which  the  nomination  is  made;  provided  that  for  an 
office  to  be  filled  by  the  voters  of  the  entire  state  the  number 
need  not  exceed  800;  for  any  other  office  the  number  need 
not  exceed  100;  for  the  first  election  in  a  newly  established 
district  the  number  need  not  exceed  50  (Pub.  Laws  1898 
ch.139  §41). 
Filed  with  the  secretary  of  state  or  the  clerk  of  a  county  or  mu- 
nicipality (Pub.  Laws  1898  ch.139  §  42,  1904  ch.242). 

3  On  canvass  by  the  county  clerk  of  the  results  of  a  direct  primary 

election  (Pub.  Laws  1903  ch.248  §  15  as  amended  by  1904 
ch.241  §  I,  1906  ch.235  §  I,  1907  ch.278  §  3,  1908  ch.209). 

Form  of  ballot 

I  Semioificial;  printed  and  distributed  at  public  expense  by  the 
clerks  of  counties  and  municipalities  (Pub.  Laws  1898  ch.139 
§  48-49,  54,  1908  ch.  186,  1910  ch.78) .  Obtainable  by  the  voters 
from  the  election  officers  at  the  polls  on  election  day,  and  also 
in  the  voting  booths,  where  a  supply  is  left.  Obtainable  also 
by  any  voter  in  blocks  of  fifty  or  over  from  a  county  munici- 
pal clerk  at  least  four  days  before  any  election,  on  applica- 
tion at  least  seven  days  before  such  election  and  on  prepay- 
ment  of  the  cost  of  printing.  These  ballots  may  be,  and  com- 
monly are,  so  obtained  by  the  several  party  organizations  and 
distributed  to  the  voters  prior  to  election  day.  (Pub.  Laws 
1898  ch.139  §  56-57,78,  80,  198). 


152  NEW   YORK    STATE   LIBRARY 

Official  envelopes,  printed  on  blue  paper,  3  in.  x 
printed  and  distributed  at  public  expense  and  obtainable  by  the 
voters  only  on  election  day,  at  the  polling  places  and  from  the 
election  officers  (Pub.  Laws  1898  ch.139  §  51,  54,  80,  208, 
1908  ch.i86). 

2  Separate  for  each  party  or  group  of  petitioners   (Pub.  Laws 

1898  ch.139  §  49,  1906  ch.234,  1910  ch.84). 

3  The  names  of  all  candidates  nominated  by  each  party  or  group 

are  printed  in  a  single  column  on  its  ballot  under  its  name  or 
title,  or  under  the  head  of  "  independent  nominations."  The 
titles  of  all  the  offices  are  printed  whether  the  party  has  nom- 
inated candidates  for  all  of  them  or  not.  No  other  marks, 
words  or  devices  are  to  be  printed  on  the  ballots.  (Pub.  Laws 
1898  ch.139  §  49,  1906  ch.234  §  2,  1910  ch.84). 

4  Cf .  rules  for  marking. 

5  No  express  provision  for  blank  spaces  for  writing  in  names. 

6  No  limitation  as  to  the  number  of  different  party  or  independent 

ballots  on  which  a  candidate's  name  may  appear. 

7  No  provision  for  detachable  stubs,  or  for  any  system  of  num- 

bering or  initialing  the  ballots.  The  name  of  each  voter,  how- 
ever, is  checked  off  on  the  register  as  he  deposits  his  ballot. 
(Pub.  Laws  1898  ch.139  §  6y). 

8  On  the  back,  or  outside,  of  each  ballot,  and  on  the  face  of  each 

envelope,  are  to  be  printed  the  words  "  official  \  .        > 

for,"  followed  by  the  designation  of  the  polling  place  for 
which  the  ballot  or  envelope  is  prepared,  the  date  of  the  elec- 
tion, and  a  facsimile  of  the  signature  of  the  clerk  who  had  the 
ballots  or  envelopes  printed  (Pub.  Laws  1898  ch.139  §  50-51). 

9  No  provision  for  separate  ballots  for  any  local,  or  other  officers 

voted  for  at  general  elections.  Charter,  local,  municipal 
and  special  elections  in  cities,  towns  and  other  municipalities 
of  less  than  8000  inhabitants,  however,  are  not  governed  by 
the  provisions  of  the  general  ballot  law.  (Pub.  Laws  1898 
ch.139  §  85  as  amended  by  1901  ch.155,  1902  ch.70).  Ques- 
tions or  propositions  submitted  to  popular  vote  are  to  be 
printed  on  each  party  ballot  below  the  names  of  the  candi- 
dates. The  law  does  not  state  whether  they  are  to  be  printed 
in  full  or  in  some  other  form.  (Pub.  Laws  1898  ch.139  §  52. 
1900  ch.114).  Constitutional  amendments  are  usually  sub- 
mitted at  special  elections  (Letter  from  dept.  of  state,  Sept. 
10,  1909). 


AMERICAN  BALLOT  LAWS,    1888-I9IO  153 

10  No  provisions   for  sample  ballots;  the  distribution  of  official 
ballots  prior  to  election  day  renders  them  unnecessary. 

Rules  for  marking 

The  voter  may  use  either  the  ballot  obtained  from  the  election 
officers,  or  one  found  in  the  voting  booth,  or  one  which  he  has  ob- 
tained outside  the  polling  place  and  brought  with  him.  The  ballot 
may  be  prepared  outside  the  polling  place,  or  even  received  from  a 
party  organization  already  prepared.  To  vote  a  straight  party  ticket, 
the  voter  is  to  make  no  mark  on  his  party  ballot,  but  merely  to 
inclose  it  in  the  official  envelope  obtained  from  the  election  officers. 
To  vote  a  split  ticket,  he  is  to  erase  one  or  more  names  on  one  of 
the  party  ballots  and  substitute  others  either  in  writing  or  by 
pasters;  but  he  must  make  no  cross  marks  opposite  them,  as  such 
marks  are  forbidden.  When  the  ballot  is  ready,  it  must  be  folded 
so  as  to  conceal  the  face,  and  inclosed  in  the  official  envelope.  The 
flap  of  the  envelope  is  then  to  be  folded  over,  but  not  sealed,  and 
the  envelope  returned  to  the  election  officers  to  be  deposited.  (Pub. 
Lav^s  1898  ch.139  §  80,  58-59).  In  voting  on  questions  submitted, 
the  voter  is  to  erase  the  answer  which  he  does  not  desire  to  give 
(Pub.  Laws  1898  ch.139  §  152,  1900  ch.114). 

NEW  MEXICO 
Constitutional  provisions 

No  provisions  in  the  organic  law  of  the  territory  in  regard  to 
ballots. 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

By  certificate  of  nomination^  signed  by  the  presiding  officer  and 
secretary  of  "  any  political  convention  held  in  this  territory  or  any 
county  thereof  for  the  purpose  of  nominating  candidates  to  be 
voted  for  at  any  election  held  in  this  territory  or  any  county 
thereof     .     .     ."    (Laws  1905  ch.127  §  i). 

Filed  with  the  probate  clerk  of  the  county  in  which  the  conven- 
tion w2iS  held  (Laws  1905  ch.127  §1). 

Form  of  ballot 

I  Semiofficial;  printed  at  county  expense  by  the  county  recorders 
of  the  several  counties.  Printed  and  distributed  under  the 
supervision  of  the  chairmen  of  the  county  committees  of  the 
various  political  parties  in  the  county.  (Laws  1905  ch.127  §  3). 
No  provision  in  the  law  as  to  how  the  voters  are  to  obtain 
their  ballots,  but  as  a  matter  of  fact  the  ballots  are  distributed 


1S4  ^'fi^   "^'^^^   STATfi   LIBHARY 

by  the  several  parties  and  the  voters  obtain  them  from  the 
party  officers  before  coming  to  the  polls  (Letter  from  the 
attorney  general  March  26,  1909). 

2  Separate  for  each  party;  each  ballot  contains  only  the  names  of 

the  candidates  nominated  by  one  party  (Laws  1905  ch.127  §  3) . 

3  All  ballots  to  be  printed  on  paper  of  the  same  size,  color,  v^eight, 

etc.  Each  party  ballot  is  to  be  headed  by  the  emblem  of  the 
party,  with  the  names  of  all  the  candidates  of  the  party  in  a 
column  underneath.    (Laws  1905  ch.127  §  3). 

4  Cf.  rules  for  marking. 

5  No  express  provision  for  blank  spaces  for  writing  in  names. 

6  The  only  provision  on  this  subject  is  that  "  no  person  shall  ac- 

cept a  nomination  .  .  .  from  more  than  one  political 
party"  (Laws  1905  ch.127  §  3). 

7  No  provision  for  detachable  stubs  or  for  any  system  of  num- 

bering or  initaling  the  ballots  (C.  L.  1897  §  1649;  Laws  1893 
ch.76  §1). 

8  On  the  beck,  or  outside,  if  the  ballot  are  printed  the  words 

"official  ballot,  election  held  .  .  .''  (insert  date),  with  a 
facsimile  signature  of  the  county  recorder  who  had  the  ballots 
printed  (Laws  1905  ch.127  §  3). 

§  1648;  C.  L.  1865  ch.63  §  22)  and  that  "nothing  in  this  section 
voted  for  at  general  elections.  Questions  and  prop- 
ositions submitted  are  printed  on  the  general  ballot.  No  pro- 
vision as  to  the  form  in  which  they  are  to  be  printed.  (C.  L. 
1897  §  1634). 

10  No  provision  for  the  printing,  distribution  or  posting  of  sample 
ballots. 

Rules  for  marking 

No  provision  in  the  law  as  to  whether  the  ballots  are  to  be 
marked  by  the  voters  (if  at  all)  at  the  polHng  places,  or  before 
going  there.  No  mention  in  the  law  of  any  voting  booths.  The 
law  merely  provides  that  "  all  votes  shall  be  by  ballot,  each  voter 
being  required  to  deliver  his  own  vote  in  person  "  (C.  L.  1897 
§  1648;  C.  L.  1865  ch.63  §  22)  and  that  "nothing  in  this  section 
shall  be  construed  to  prohibit  any  person  from  erasing  or  changing 
in  any  manner  any  name  on  any  such  ticket  or  ballot  voted  by  such 
person  .  .  ."  (Laws  1905  ch.127  §1).  Both  provisions  permit 
of  the  voter's  preparing  his  ballot  elsewhere,  and  merely  bringing 
it  with  him  to  the  polling  place  and  casting  it. 


AMERICAN   BALLOT  LAWS,    1888-I9IO  155 

NEW  YORK 
Constitutional  provisions 

"All  elections  by  the  citizens  except  for  such  town  officers  as 
may  by  law  be  directed  to  be  otherwise  chosen  shall  be  by  ballot, 
or  by  such  other  method  as  may  be  prescribed  by  law,  provided  that 
secrecy  in  voting  be  preserved  "  (Const.  1894  art.2  §  5). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

By  certificate  of  nomination,  signed  by 

1  The  presiding  officer  and  secretary  of  a  nominating  convention 

of  any  political  party  which  cast  at  least  10,000  votes  for  gov- 
ernor at  the  last  preceding  election  for  governor,  or  a  duly 
authorized  committee  of  such  convention  (Elec.  Law 
§  120-21;  Laws  1896  ch.909  §  56,  1901  §  654). 

2  The  board  of  inspectors  of  a  direct  primary  election  ordered  by 

the  party  committee  of  any  city  or  village  governed  by  arti- 
cle 3  of  the  Consolidated  Election  Law,  or  of  any  county 
wholly  within  such  a  city,  or  of  any  borough  of  such  a  city 
(Elec.  Law  §  71 ;  Laws  1899  ch.473  §  12,  1900  ch.202  §  2). 

3  Voters,  resident  in  the  district  for  which  the  nomination  is  made, 

to  the  number  of 

(a)  for  an  office  to  be  filled  by  the  voters  of  the  entire  state, 

6000  (at  least  50  from  each  county) 

(b)  for  city  officers  voted  for  by  all  the  voters  of  a  city  of 

the  first  class,  2000 

(c)  for  city  officers  voted  for  by  all  the  voters  of  a  city  of  the 

second  class,  1000 

(d)  for  city  officers  voted  for  by  all  the  voters  of  any  other 

city,  500 

(e)  for  an  office,  other  than  municipal  voted  for  by  all  the 

voters  of  a  district  less  than  the  whole  state  but  greater 
than  a  town  or  a  ward  of  a  city,  1000 

(f)  for  the  office  of  assemblyman  or  school  commissioner,  500 

(g)  for  any  office  voted  for  only  by  the  electors  of  a  town, 

or  of  a  ward  of  a  city  or  village,  100  (but  where  a 

town  or  ward  includes  a  complete  assembly  district, 

then  the  number  of  signers  must  be  500). 

(Elec.  Law  g  122-23;  Laws  1896  ch.909  §  57;  1901  ch.654). 

Filed  with  the  secretary  of  state  or  a  county  or  municipal  clerk ; 

in  New  York  city  with  the  board  of  elections,  and  in  certain  coun- 


156  NEW   YORK    STATE   LIBRARY 

ties  (Erie,  Monroe,  Onondaga  and  Westchester)  with  the  com- 
missioner of  elections  (Elec.  Law  §  127,  216,  236,  256,  276;  Laws 
1896  ch.909  §  58,  1901  ch.95,  1902  ch.241,  405,  1905  ch.643,  1904 
ch.394  §  7,  1905  ch.229  §  I,  1908  ch.489  §  7,  1908  ch.492  §  7,  1907 
ch.255  §  7). 

Form  of  ballot 

1  Official;  printed  and  distributed  at  public  expense  by  county  and 

municipal  clerks,  the  board  of  elections  of  New  York  city  and 
the  commissioners  of  elections  of  Erie,  Monroe,  Onondaga 
and  Westchester  counties  (Elec.  Law  §  330,  341,  343;  Laws 
1896  ch.909  §  80,  87,  1897  ch.379,  609,  1905  ch.643)  ;  obtain- 
able by  the  voters  only  on  election  day,  at  the  polling  places 
and  from  the  election  officers  (Elec.  Law  §  356,  359;  Consol. 
Penal  Law  §  764  subd.  5,  13,  14,  16;  Laws  1896  ch.909  §  104, 
106,  1892  ch.693  §1). 

2  Blanket  (Elec.  Law  §  331 ;  Laws  1896  ch.909  §  81). 

3  Party  column;  emblems ;  columns  arranged  in  such  order  as  the 

secretary  of  state  may  direct,  precedence  being  given,  how- 
ever, to  the  party  which  at  the  last  preceding  election  polled 
the  largest  number  of  votes  for  governor,  and  so  on  (Elec. 

Law  §  331). 

4  Special  circles   for  voting  a  straight  party  ticket   (Elec.  Law 

§331). 

5  A  blank  column  at  the  right  of  the  ballot  for  writing  in  names 

(Elec.  Law  §  331). 

6  No  limitation  as  to  the  number  of  times  a  candidate's  name  may 

appear  on  the  ballot. 

7  Each  ballot  provided  with  a  detachable  stub.     All  the  stubs  in 

each  election  district  numbered  consecutively.  As  each  voter 
receives  his  ballot  the  number  on  the  stub  thereof  is  written 
opposite  his  name  on  the  poll-book.  When  he  returns  his 
ballot  to  be  deposited,  the  number  on  the  stub  is  compared 
with  the  number  entered  opposite  his  name  in  the  poll-book, 
and,  if  the  numbers  correspond,  the  stub  is  torn  off,  the  ballot 
deposited  in  the  ballot-box  and  the  stub  in  the  box  for  de- 
tached stubs.  (Elec.  Law  §  331,  355,  359;  Laws  1896  ch.909 
§  81,  103,  106,  1908  ch.521  §  2-3). 

8  On  the  back,  or  outside,  of  the  ballot  below  the  stub  are  printed 

the  words  "  official  ballot  for,"  followed  by  the  designation  of 
the  polling  place,  the  date  of  the  election  and  a  facsimile  of  the 
signature  of  the  officer  who  caused  the  ballots  to  be  printed 
(Elec.  Law  §  331). 


AMERICAN   BALLOT  LAWS,    1888-I9IO  I57 

9  No  provision  for  separate  ballots  for  any  local  or  other  of- 
ficers voted  for  at  general  elections.  A  separate  ballot 
for  constitutional  amendments  and  other  questions  submitted, 
on  which  each  amendment  or  question  is  printed  in  a  reading 
form  prescribed  by  the  secretary  of  state.  Another  separate 
ballot  for  town  propositions,  and  still  another  for  town  ap- 
propriations, if  any.  (Elec.  Law  §  295,  332;  Laws  1896 
ch.909  §  7,  82,  1900  ch.381  §  4,  1901  ch.598  §  3). 
10  Sample  ballots,  on  paper  of  a  different  color  from  the  official 
ballots  and  without  numbered  stubs,  are  to  be  provided  for 
each  polling  place  to  the  number  of  25^  of  the  number  of 
official  ballots.  From  five  days  before  election  until  election 
day  any  voter  may  obtain  a  sample  ballot  from  the  officer  or 
board  charged  with  providing  the  same.  Each  voter  may  also 
obtain  from  the  ballot  clerks  at  the  polling  place  on  election 
day  one  sample  ballot  and  may  take  it  away  with  him.  (Elec. 
Law  §  333,  342;  Laws  1896  ch.909  §  83,  86,  1897  ch.379  §  18, 
1900  ch.381  §  5,  1901  ch.95  §  18  and  ch.615  §  I,  1902  ch.176 
§  I  and  ch.405  §  5,  1904  ch.733  §  2,  1905  ch.643  §  18). 

Rules  for  marking 

To  vote  a  straight  party  ticket  the  voter  is  to  place  a  cross  mark 
in  one  of  the  party  circles.  To  vote  a  split  ticket  he  may  place  a 
cross  mark  in  one  of  the  party  circles  and  other  cross  marks  in  the 
voting  squares  opposite  the  names  of  individual  candidates,  in  which 
case  his  vote  is  not  counted  for  the  corresponding  party  candidates, 
the  cross  marks  in  the  individual  voting  squares  taking  precedence 
of  the  mark  in  the  party  circle.  (Where  two  or  more  persons  are 
to  be  elected  to  any  one  office,  and  the  voter  marks  the  party  circle 
of  his  party  and  the  voting  squares  of  one  or  more  candidates  for 
such  office  not  of  his  party,  the  rules  for  counting  are  too  compli- 
cated to  be  given  here  in  full).  The  voter  may  also  vote  a  split 
ticket  by  omitting  to  mark  any  of  the  party  circles  and  placing  cross 
marks  only  in  the  voting  squares  opposite  the  names  of  individual 
candidates  for  whom  he  wishes  to  vote,  or  by  writing  in  the  blank 
column  the  name  of  any  person  whose  name  is  not  printed  on  the 
ballot.  In  voting  on  a  constitutional  amendment  or  other  question  the 
voter  is  to  place  a  cross  mark  in  the  voting  square  opposite  the 
answer  which  he  desires  to  give.  (Elec.  Law  §  358,  368;  Laws 
1896  ch.909  §  105,  I  TO  subd.  2,  1898  ch.335  §  6-7,  190T  ch.654  §  5). 


158  NEW    YORK    STATE   LIBRARY 

NORTH  CAROLINA 
Constitutional  provisions 

"All  elections  by  the  people  shall  be  by  ballot  .  .  ."  (Const. 
1875  art.6  §  6). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

Since,  outside  of  New  Hanover  county,  the  ballots  are  non-of- 
ficial and  privately  printed,  there  are  no  provisions  as  to  the  pro- 
cedure by  means  of  which  the  name  of  a  candidate  may  be  given  a 
place  on  them. 

New  Hanover  county 

All  nominations  for  county,  township  or  legislative  officers  in 
New  Hanover  county  are  to  be  made  at  official  primary  elections 
held  under  the  supervision  of  the  county  board  of  elections  which  is 
charged  with  preparing  the  official  ballots  for  the  county,  and  it  is 
provided  ''  that  the  name  of  any  candidate  for  election  to  any 
county,  township  or  legislative  office  shall  not  be  printed  on  any  bal- 
lots in  this  act  provided  for,  unless  such  candidate  shall  have  been 
regularly  nominated  by  a  primary  election  in  accordance  with  the 
provisions  of  this  act"  (Laws  1909  ch.867  §  12.  The  act  applies 
to  all  primary,  as  well  as  general,  elections  within  the  county). 
There  is  no  further  provision  as  to  the  method  of  certifying  to  the 
county  board  of  elections  the  names  of  the  candidates  nominated 
by  each  party  at  the  primaries. 

Form  of  ballot 

Outside  of  New  Hanover  county  there  is  no  provision  for  the  pub- 
lic printing  of  ballots.  The  ballots  are  printed  by  the  several  party 
Organizations  or  by  individuals,  and  by  them  distributed  to  the  voters. 
The  law  merely  provides  that  ''  The  ballots  shall  be  on  white  paper 
and  may  be  printed  or  written,  or  partly  written  and  partly  printed, 
and  shall  be  without  device.  The  state  board  of  elections  may,  on 
or  before  the  first  Monday  of  September,  1906,  and  biennially  there- 
after, prescribe  the  size  of  ballots  for  state,  judicial  and  congres- 
sional officers,  and  the  county  board  of  elections  may,  on  or  before 
the  first  Monday  of  September,  1906,  and  biennially  thereafter, 
prescribe  the  size  of  the  ballot  for  county,  legislative  and  township 
offices."  (Revised  1908  §  4344;  Laws  1901  ch.89  §  28).  There  are 
to  be  five  separate  ballots  for  different  groups  of  officers,  as  follows : 
(i)  state  officers;  (2)  members  of  congress;  (3)  presidential 
electors;  (4)  county  officers  and  members  of  the  general  assembly; 
(5)  township  officers  (Revisal  1908  §  4345;  Laws  1901  ch.89 
§  28).    There  are  no  other  provisions  as  to  the  form  of  the  ballots. 


AMERICAN   BALLOT  LAWS,    1888-I9IO  159 

New  Hanover  county 

1  O facial;  printed  and  distributed  at  public  expense  by  the  county 

board  of  elections  (Laws  1909  ch.867  §  i,  2,  4).    Though  not 

•    expressly   provided,   it   is   strongly   implied   that   ballots  are 

obtainable  by  the  voters  only  on  election  day,  at  the  polling 

place  and  from  the  election  officers  (Laws  1909  ch.867  §  i, 

6,13). 

2  Blanket  (Laws  1909  ch.867  §  3). 

3  Party  column;  no  emblems;  party  receiving  largest  vote  at  last 

preceding  election  given  first  column  at  left  and  so  on  (Laws 
1909  ch.867  §  3). 

4  Special  circles  for  voting  a  straight  party  ticket   (Laws   1909 

ch.867  §3). 

5  A  blank  column  at  the  right  of  the  ballot  for  writing  in  names 

(Laws  1909  ch.867  §  3). 

6  No  limitation  as  to  the  number  of  times  a  candidate's  name  may 

appear  on  the  ballot. 

7  Each  ballot  provided  with  a  detachable  stub,  on  the  back  of 

which  are  printed  the  serial  number  of  the  ballot  and  blanks 
for  the  voter's  name  and  the  designation  of  the  precinct. 
(There  is  no  provision,  however,  for  the  fiUing  in  of  these 
blanks.)  As  each  voter  receives  his  ballot  one  of  the  judges 
writes  his  initials  on  the  back,  the  voter's  name  is  checked 
off  on  the  registration-list  and  the  number  on  the  stub  of  his 
ballot  entered  opposite  his  name.  When  he  returns  his  ballot 
the  number  opposite  his  name  on  the  registration-list  is  com- 
pared with  that  on  the  stub,  and  if  it  be  the  same  the  stub 
is  torn  off  and  the  ballot  deposited  in  the  ballot-box.  (Laws 
1909  ch.867  §  3>  6,  13). 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words 

"  official  ballot  for,"  followed  by  the  designation  of  the  polling 
place  for  which  the  ballot  was  prepared,  the  date  of  the 
election  and  facsimile  of  the  signature  of  the  officer  who 
caused  the  ballots  to  be  printed  (Laws  1909  ch.867  §  3). 

9  No  provision  for  separate  ballots  for  any  officers  or  groups  ot 

officers  voted  for  at  general  elections.     No  provision  as  to 
constitutional  amendments  or  other  questions  submitted. 
10  No  provision  for  the  printing,  distribution  or  posting  of  sample 
ballots. 

Rules  for  marking 

Outside  of   New  Hanover  county  there  are  no  provisions  for 
voting  booths  or  for  the  preparation  of  ballots  by  the  voters  at  the 


l60  NEW   YORK    STATE   LIBRARY 

polling  places.  The  ballots  are  obtained  and  prepared  for  voting 
elsewhere,  and  merely  brought  to  the  polls  and  deposited  on  election 
day.  In  preparing  their  ballots,  however,  the  voters  must  write  on 
them  nothing  but  the  titles  of  the  offices  to  be  voted  for  and  the 
names  of  the  candidates.     (Revisal  1908  §  4342-43,  4347). 

New  Hanover  county 
To  vote  a  straight  party  ticket,  the  voter  is  to  place  a  cross  mark 
in  one  of  the  party  circles.  To  vote  a  split  ticket  he  is  to  place 
cross  marks  in  the  voting  squares  before  the  names  of  the  individ- 
ual candidates  for  whom  he  wishes  to  vote,  or  to  write  in  the  name 
of  any  person  for  whom  he  wishes  to  vote,  whose  name  is  not  on  the 
ballot,  in  the  blank  column  on  the  right,  and  make  a  cross  mark 
before  his  name.  (Not  stated  whether  a  split  ticket  may  also  be 
voted  by  a  cross  mark  in  one  of  the  party  circles  and  other  cross 
marks  in  the  voting  squares  opposite  the  names  of  individual  candi- 
dates of  other  parties).     (Laws  1909  ch.867  §  3). 

NORTH  DAKOTA 
Constitutional  provisions 

"All  elections  by  the  people  shall  be  by  secret  ballot,  subject  to 
such  regulations  as  shall  be  provided  by  law  "  (Const.  1889  art.5 
§  129). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

1  On  the  statements  of   county  and  city  canvassing  boards  of 

direct  primary  elections  as  to  the  candidates  nominated  at  such 
elections  (P.  C.  §  588,  592-93  5  Laws  1905  ch.109  §  28,  32-33, 
1907  ch.109  §  23-28). 
Filed  with  the  county  auditor  of  the  county,  and  by  him  with  the 
secretary  of  state  (Laws  1907  ch.109  §  23-28). 

2  (In  the  case  of  presidential  electors  and  municipal  officers  to 

whom  the  direct  primary  law  of  1907  does  not  apply)  by 
certificate  of  nomination  signed  by  the  presiding  officer  and 
the  secretary  of  "  any  assembly  or  convention  of  delegates 
held  for  the  purpose  of  making  nominations  to  public  office  " 
(P.  C.  §  601,  625;  Laws  1891  ch.66  §  2-3,  1893  ch.6o  §  2; 
R.  C.  1895  §  498-99;  Laws  1905  ch.109). 

3  By  certificate  of  nomination  signed  by  electors,  resident  in  the 

district  for  which  the  nomination  is  made,  to  the  number  of 
(a)   for  an  office  to  be  filled  by  the  voters  of  the  entire  state, 
not  less  than  300 


AMERICAN   BALLOT  LAWS,    1888-I9IO  161 

(b)  for  an  office  to  be  filled  by  the  voters  of  a  district  less 

than  the  entire  state,  not  less  than  10^  of  the  number 
of  votes  cast  for  member  of  congress  at  the  last  preced- 
ing general  election 

(c)  for  a  municipal  office  in  an  incorporated  city,  town  or 

village,  not  less  than  10^  of  the  total  number  of  votes 
cast  at  the  last  preceding  election  held  therein 
(R.  C.  1899    §  501 ;    Laws    1891    ch.66  §  5,  1893  ch.6o  §  3. 
By  mistake  this  section  was  not  reprinted  in  P.  C.  1905  though 
still  in  force;  letter  from  legislative  reference  librarian). 
Certificates  of  nomination  (2  and  3)  Hied  with  the  secretary  of 
state,  or  "  the  officer  charged  with  directing  the  printing  of  the 
ballots,"  in  the  case  of  local  officers  (P.  C.  §601,  626;  Laws  1891 
ch.66  §  2,  4,  1893  ch.6o  §  2,  4;  R.  C.  1895  §  498,  500;  Laws  1905 
ch.109). 

Form  of  ballot 

1  Official;  printed  and  distributed  at  public  expense  by  county 

auditors  (P.  C.  §  614,  619-20;  Laws  1891  ch.66  §  i,  18,  20, 
1893  ch.6o  §  I ;  R.  C.  1895  §  489,  492-93)  ;  obtainable  by  the 
voters  only  on  election  day,  at  the  polling  places  and  from 
the  election  officers  (P.  C.  §  640,  681,  684;  Laws  1891  ch.66 
§  23,  28,  34;  R.  C.  1899  §  515,  556,  559). 

2  Blanket  (P.  C.  §  616;  Laws  1891  ch.66  §  17,  1893  ch.6o  §  6; 

R.  C.  1899  §  491;  Laws  1905  ch.109). 

3  Party  column;  no  emblems;  the  first  three  columns  arranged 

according  to  the  size  of  the  party  vote  for  members  of  con- 
gress at  the  last  election,  the  party  which  polled  the  largest 
vote  being  given  the  first  column  at  the  left,  and  so  on;  the 
other  columns,  if  any,  arranged  in  such  order  as  certain 
specified  public  officers  may  direct  (P.  C.  §  616  (of.  above), 
618;  Laws  1891  ch.66  §  17,  1893  ch.6o  §  6,  1897  ch.76;  R.  C. 
1899  §  491)- 

4  Special  squares  for  voting  a  straight  party  ticket  (P.  C.  §  616). 

5  Blank  spaces  under  the  names  of  the  several  candidates   for 

writing  or  pasting  in  names  (P.  C.  §  616). 

6  No  candidate's  name  is  to  be  printed  in  more  than  one  column 

on  the  ballot.  He  may  decide  if  nominated  by  two  or  more 
parties,  in  which  column  his  name  shall  appear,  but  if  he  fails 
to  do  so,  it  is  to  be  printed  in  that  of  the  party  which  first 
nominated  him.  (P.  C.  §  617;  Laws  1891  ch.66  §  17,  1893 
ch.6o  §  6,  1897  ch.76;  R.  C.  1899  §  490- 


1 62  NEW    YORK   STATE   LIBRARY 

7  No  provision  for  detachable  stubs,  or  for  any  system  of  number- 

ing the  ballots.  The  inspector  or  judge  who  delivers  the 
ballots  to  the  voters  is  to  write  his  initials  on  the  back  of 
each  ballot  before  giving  it  out.  (P.  C.  §  640;  Laws  1891  ch. 
66  §  23;  R.  C  1895  §  493;  R.  C.  1899  §  515). 

8  No   provision    for   any   printed    indorsement   on   the   back,   or 

outside,  of  the  ballot,  but  the  inspector  or  judge  who  delivers 
the  ballots  to  the  voters  is  to  stamp  on  the  back  of  each  ballot 
before  giving  it  out,  with  a  special  stamp  provided  for  the 
purpose,  the  words  *'  official  ballot,"  the  designation  of  the 
precinct  and  county  and  the  date  of  the  election  (P.  C.  §  620, 
640;  Laws  1891  ch.66  §  20,  23;  R.  C.  1895  §  493;  R.  C.  1899 

§515). 

9  Separate  ballots  without  party  designations  of   any   sort,  and 

containing  only  the  names  of  the  two  candidates  who  have 
received  the  largest  number  of  votes  at  a  non-partisan  direct 
primary  election,  for  judges  of  the  supreme  and  district  courts- 
(L.  1909  ch.82).  A  separate  ballot  for  constitutional  amend- 
ments and  questions  submitted,  which  "  must  embrace  the 
constitutional  amendments  in  full  " ;  and,  "  if  the  question  be 
other  than  a  constitutional  amendment,  it  shall  be  stated  fully 
and  fairly  on  such  ballot"  (P.  C.  §  616).  Still  other  ballots 
for  local  questions  (P.  C.  §  618). 
10  Sample  ballots,  without  the  official  stamp,  to  be  posted,  one  in 
each  voting  booth  and  three  elsewhere  in  each  polling  place 
(P.  C.  §  621;  Laws  1891  ch.66  §  29;  R.  C.  1899  §  494). 

Rules  for  marking 

No  set  of  rules  for  marking  the  ballot  is  expressly  provided ;  but 
it  is  stated  in  §  616  of  the  Political  Code  that,  to  vote  a  straight 
party  ticket,  the  voter  is  to  place  a  cross  mark  in  one  of  the  party 
squares  there  provided  for.  In  the  same  section  it  is  implied  that, 
to  vote  for  individual  candidates,  the  voter  is  to  place  cross  marks 
in  the  voting  squares  opposite  the  names  of  such  candidates.  It  is, 
however,  expressly  provided  that  ''nothing  in  this  chapter  shall 
prevent  any  voter  from  writing  or  pasting  on  his  ballot  the  name  of 
any  person  for  whom  he  desires  to  vote  and  such  vote  shall  be 
counted  the  same  as  if  printed  on  the  ballot  and  marked  by  the 
voter."     (P.  C.  §  615;  Laws  1891  ch.66  §  15;  R.  C.  1899  §  490). 


AMERICAN    BALLOT   LAWS,    1888-I9IO  I.63 

OHIO 

Constitutional  provisions 
"All  elections  shall  be  by  ballot''  (Const.  1851  art. 5  §  2). 
Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

1  By  certificate  of  nomination  signed  by  the  proper  officers  of  any 

caucus,  convention,  meeting  of  qualified  electors,  primary  elec- 
tion or  central  or  executive  committee,  representing  a  political 
party  which  at  the  last  general  election  polled  at  least  i^  of 
the  entire  vote  cast  in  the  state  (G.  C.  §  4992-93;  Laws 
1891  p.455,  1892  p.434). 

2  On  canvass  by  county  boards  of  deputy  state  supervisors  and 

inspectors  of  elections  of  the  results  of  direct  primary  elec- 
tions for  certain  local  officers  (G.  C.  §  4959,  4984-^85;  Laws 
1908P.214  §  8,  29-30). 

3  By  nomination  papers  signed  by  qualified  electors  to  the  number 

of 

(a)  for  a  state  or  district  office,  i^  of  the  total  vote  at  the 

last  preceding  election  in  the  state  or  in  the  district 

(b)  for  county  offices  in  counties  containing  cities  in  which 

annual  registration  is  required  (Cleveland,  Cincinnati, 
Toledo  and  Columbus),  2;?^  of  the  total  vote  in  the 
county  at  the  last  preceding  election 

(c)  for  county  offices  in  other  counties,  300 

(d)  for  city  offices,  50 

(e)  for  township,  ward,  village  or  school  district  offices,  25 
(G.  C.  §  4996-97,  4999;  Laws  1891  p.455,  1892  p.434,  1898 

p.93,  1904  p.226). 
Certificates  of  nomination  (i)  and  nomination  papers  (3)  Hied 
with  the  secretary  of  state,  or  with  the  boards  of  deputy  state 
supervisors  and  inspectors  of  elections  of  the  several  counties  (G.  C. 
§  5004;  Laws  1891  p.456,  1892  p.435,  1893  P-269,  1898  p.189, 
1904  p.227). 

Form  of  ballot 

I  Official;  prepared  and  distributed  at  public  expense  by  the  several 
county  boards  of  deputy  state  supervisors  and  inspectors  oi 
elections  (G.  C.  §  5037-39,  5050,  5052-53;  Laws  1891 
p.451-52,  1892  p.438-39,  1893  p.271-72,  1894  p.243,  291,  1896 

6 


164  NEW    YORK   STATE   LIBRARY 

p.  147,  1904  p.229,  1906  p.234,  1910  p.228)  ;  obtainable  by  the 
voters  only  on  election  day,  at  the  polling  places  and  from  the 
election  officers  (G.  C.  §  5067,  5073,  5079;  Laws  1891  p.460, 
1892  p.444,  446,  1893  p.274,  1896  p.  148,  1906  p.225). 

2  Blanket   (G.  C.  §  5016;  Laws  1908  p.399). 

3  Party  column;  emblems;  party  columns  arranged  in  such  order 

as  the  secretary  of  state  shall  direct,  precedence,  however, 
being  given  to  that  party  which  at  the  last  preceding  election 
polled  the  largest  number  of  votes  for  the  head  of  its  ticket, 
and  so  on.  Independent  nominations  are  arranged  in  columns 
to  the  right  of  the  party  columns,  and  on  the  same  plan. 
(G.  C.  §  5017-18;  Laws  1891  p.458,  1892  p.440,  1904  p.231). 

4  Special  circles  for  voting  a  straight  party  ticket  (G.  C.  §  5021, 

5026;  sess.  law  reference  same  as  3). 

5  Blank  spaces  for  writing  in  names  under  the  names  of  the  sev- 

eral candidates  (G.  C.  §  5025  and  diagram;  sess.  law  refer- 
ence same  as  3). 

6  No  limitation  as  to  the  number  of  columns  in  which  a  candi- 

date's name  may  be  printed. 

7  Each  ballot  provided  with  a  detachable  stub,  on  the  back  of 

which  the  ballot  clerk,  before  delivering  the  ballot  to  a  voter, 
writes  either  the  voter's  registered  number,  in  all  districts 
where  the  registration  law  is  in  force,  or,  in  all  other  districts, 
the  voter's  name.  The  same  number  or  name  is  also  entered 
on  a  second  stub  which  remains  in  the  ''  stub-book "  from 
which  the  ballots  are  torn,  the  ''  stub-book  "  thus  serving  as  a 
poll-book.  The  stubs  which  remain  in  the  ''  stub-book  "  are 
also  consecutively  numbered.  When  the  voter  returns  his 
ballot  to  be  deposited,  the  number,  or  name,  on  the  stub  which 
is  attached  to  the  ballot  is  compared  with  the  number,  or 
name,  on  the  stub  which  remains  in  the  "  stub-book,"  and,  if 
they  correspond,  the  first  stub  is  detached  from  the  ballot,  to 
be  preserved  till  the  closing  of  the  polls,  and  the  ballot  is  de- 
posited. (G.  'C.  §  5023-24  (sess.  law  reference  same  as  3), 
also  §  5066-67,  5073-74;  Laws  1891  p.460,  1892  p.444,  446, 
1893  p.274,  1896  p.  148,  1906  p.226). 


AMERICAN    BALLOT   LAWS,    1888-I9IO  165 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words 

r  municipal 

"  official  ballot,"  (or  "  official  J  t°wnship 

I  board  of  education 

assessors  of  real  property 

ballot,"  as  the  case  may  be,)  the  date  of  the  election,  and  a 

facsimile  of  the  signature  of  the  officer  who  caused  the  ballots 

to  be  printed  (G.  C.  5022;  (sess.  law  references  same  as  3), 

also  Laws  1910  p.34). 

9  Separate  ballots  of  the  ''  office  group  "  form,  and  without  party 

designations  of  any  sort,  for  members  of  boards  of  education, 
and  also  for  township  assessors  of  real  property  (G.  C. 
§  5032-33,  5035;  Laws  1906  p.ii6,  1909  p.8i).  At  local  elec- 
tions the  ballots  for  township  officers  and  justices  of  the  peace 
are  separate  from  those  for  municipal  officers,  unless  the  limits 
of  the  township  and  those  of  the  municipality  coincide  (G.  C. 
§  5028;  Laws  1908  p.399).  Constitutional  amendments  and 
the  question  ''  Shall  there  be  a  convention  to  revise,  alter  or 
amend'  the  constitution  ?  "  printed  in  the  first  column  on  the 
general  ballot  "  in  language  sufficient  to  clearly  designate " 
them  (G.  C.  §  5019;  Laws  1908  p.120,  1910  p.169). 
Questions  submitted  other  than  constitutional  amendments 
are  printed  on  separate  ballots.  No  provision  as  to  the  form 
in  which  they  are  to  be  printed.  (G.  C.  §  5020;  sess.  law  ref- 
erence same  as  3). 
TO  No  provision  for  the  printing,  distribution  or  posting  of  sample 
ballots. 

Rules  for  marking 

To  vote  a  straight  party  ticket,  the  voter  is  to  place  a  cross  mark 
in  one  of  the  party  circles,  or  cross  marks  opposite  the  names  of 
all  the  candidates  of  his  party.  To  vote  a  split  ticket,  he  may 
omit  to  mark  any  party  circle  and  place  cross  marks  only  opposite 
the  names  of  the  individual  candidates  for  whom  he  wishes  to 
vote,  or  he  may  mark  one  of  the  party  circles  and  put  other  cross 
marks  opposite  the  names  of  individual  candidates  not  of  his  party. 
Where  two  or  more  persons  are  to  be  elected  to  any  one  office,  the 
voter,  if  he  wishes  to  vote  for  one  or  more  candidates  of  his  own 
party  and  one  or  more  candidates  not  of  his  party  for  such  office, 
must,  if  he  has  marked  his  party  circle,  indicate  clearly  by  crosses 
and  erasures  just  which  candidates  of  his  own  party  he  intends  to 
scratch.    To  vote  for  any  person  whose  name  is  not  printed  on  the 


1 66  NEW    YORK    STATE    LIBRARY 

ballot,  the  voter  is  to  write  the  name  in  one  of  the  blank  spaces 
provided,  and  put  a  cross  mark  opposite  it.  To  vote  on  a  constitu- 
tional amendment  or  other  question,  the  voter  is  to  put  a  cross  mark 
opposite  the  answer  which  he  desires  to  give.  (G.  C.  §  5070; 
Laws  1891  p.460,  1892  p.444). 

OKLAHOMA 
Constitutional  provisions 

**  The  legislature  shall  enact  laws  providing  for  a  mandatory 
primary  system  which  shall  provide  for  the  nomination  of  all  candi- 
dates in  all  elections  for  state,  district,  county  and  municipal  of- 
ficers, for  all  political  parties,  including  United  States  senators: 
provided,  however,  this  provision  shall  not  exclude  the  right  of  the 
people  to  place  on  the  ballot  by  petition  any  non-partisan  candidate. 
In  all  elections  by  the  people  the  vote  shall  be  by  ballot  and  the  legis- 
lature shall  provide  the  kind  of  ticket  or  ballot  to  be  used  and  make 
all  such  other  regulations  as  may  be  necessary  to  detect  and  punish 
frauds,  and  preserve  the  purity  of  the  ballot  .  .  ."  (Const.  1907 
art.3§5-6). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

1  On  canvass  by  state  and  county  election  boards  of  the  returns  of 

direct  primary  elections,  and  determination  of  the  successful 
candidates  for  nomination  who  are  entitled  to  have  their  names 
placed  on  the  official'  ballots  for  the  general  election  (Laws 
1910  ch.iii  §  8a,  9a). 

2  By  petition  signed  by  a  person  wishing  to  have  his  name  printed 

on  the  official  ballots  as  a  non-partisan,  or  independent,  candi- 
date (Snyder's  C.  L.  1909  §  3278-79;  Laws  1909  ch.i6  art.4 
§  8-9.  Since  §  3281-83  of  Snyder's  C.  L.  1909  were  re- 
pealed by  Laws  1910  ch.54  there  is  now  no  provision  that  such 
non-partisan  nominating  petitions  must  be  signed  by  any  voters 
other  than  the  candidate  himself). 
Filed    zvith    state    and    county    election    boards    (C.    L.    1909 

§  3278-79)- 

Form  of  ballot 

I  OMcial;  printed  and  distributed  at  public  expense  by  the  state 
and  county  election  boards  (Laws  1910  ch.iii  §  13-14.  21). 
It  is  not  expressly  provided  that  the  official  ballots  are  ob- 
tainable by  the  voters  only  on  election  day,  at  the.  polling  places 
and  from  the  election  officers,  but  this  is  clearly  implied  (Laws 
1910  ch.iii  §  26,  59). 


AMERICAN    BALLOT   LAWS,    1888-I9IO  167 

2  Blanket  (Laws  1910  ch.iii  §  15,  17). 

3  Party  column;  emblems;  the  ticket  of  the  Democratic  party  is 

to  be  printed  in  the  first  column  at  the  left  of  the  ballot ;  that 
of  the  Republican  party  in  the  second  column;  and  those  of 
other  parties  in  such  order  as  the  state  election  board  shall 
direct  (Laws  1910  ch.iii  §  15-16). 

4  Special  circles  for  voting  a  straight  party  ticket   (Laws  1910 

ch.iii  §  17,  26). 

5  No  provision  for  any  blank  column  or  blank  spaces  for  writing 

in  names. 

6  No  limitation  as  to  the  number  of  times  a  candidate's  name  may 

appear  on  the  ballot. 

7  No  provision  for  detachable  stubs,  or  for  any  system  of  num- 

bering the  ballots.  Two  of  the  election  officers  of  different 
political  parties  are  to  write  their  initials  in  the  lower  left-hand 
corner  on  the  back  of  each  ballot  before  its  delivery  to  a  voter ; 
and  when  the  voter  returns  his  ballot  to  be  deposited  the  word 
"  voted "  is  to  be  written  after  his  name  on  the  poll-list. 
(Laws  i9ioch.iii  §  25-26). 

8  No  provision  for  any  printed  indorsement  on  the  back,  or  out- 

side, of  the  ballot. 

9  One  ballot  for  state  and  district  officers,  printed  on  tinted  paper ; 

another  for  county  and  local  officers,  printed  on  white  paper 
(Laws  i9ioch.iii  §  15,  17).  Constitutional  amendments  and 
other  questions  submitted  by  initiative  petition  or  referendum, 
and  constitutional  amendments  submitted  by  the  legislature, 
are  printed  on  a  separate  ballot,  by  ballot  titles  of  not  over 
ICK)  words.  Other  questions  printed  either  on  the  general  bal- 
lot or  on  separate  ballots.  (C.  L.  1909  ch.51  §  3679-82;  Laws 
1910  ch.66). 
10  Sample  ballots  to  be  printed  on  paper  of  a  different  color  from 
that  of  the  state  or  county  ballots  (Laws  1910  ch.iii  §  17). 
No  provision  as  to  how  they  are  to  be  used. 

Rules  for  marking 

To  vote  a  straight  party  ticket,  the  voter  is  to  stamp  a  cross  in 
one  of  the  party  circles.  To  vote  a  split  ticket,  he  is  either  to 
stamp  one  of  the  party  circles  and  also  stamp  the  squares  in  front 
of  the  names  of  individual  candidates  Qf  other  parties;  or  he  is  to 
stamp  only  the  squares  in  front  of  the  names  of  the  individual  candi- 
dates for  whom  he  wishes  to  vote.  No  provision  for  voting  for  a 
person  whose  name  is  not  printed  on  the  b£|.llot.     To  vot^  on  a    constj- 


1 68  NEW    YORK    STATE   LIBRARY 

tutional  amendment  or  other  question  the  voter  is  to  stamp  the 
square  in  front  of  the  answer  which  he  wishes  to  give ;  except  that 
in  the  case  of  amendments  suggested  by  the  legislature  and  proposed 
by  initiative  petition,  he  is  to  erase  the  answer  which  he  does  not 
wish  to  give.     (Laws  1910  ch.iii  §  26,  ch.66  art.2  §  4-5). 

OREGON 
Constitutional  provisions 

".  .  .  in  all  elections  by  the  people,  votes  shall  be  given  openly 
or  viva  voce  until  the  legislative  assembly  shall  otherwise  direct " 
(Const.  1857  art.2  §  15). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

1  On  canvass  of  the  votes  cast  at  direct  primary  elections  and  the 

certification  of  the  results,  in  the  case  of  county  and  precinct 
offices  by  the  county  clerk;  in  the  case  of  municipal  offices  of 
cities  and  towns  of  over  2000  inhabitants  whose  elections  are 
held  at  a  different  time  from  general  state  elections,  by  the 
city  clerk,  recorder  or  auditor,  as  the  case  may  be ;  and  in  the 
case  of  other  officers,  by  the  governor  (Laws  1905  p.7  §  6, 
29-30). 

2  (In  the  case  of  candidates  nominated  by  parties  which  at  the 

last  preceding  general  election  polled  less  than  25^  of  the 
entire  vote  cast  in  the  state  for  representative  in  Congress,  and 
of  candidates  for  municipal  offices  in  cities  and  towns  of  less 
than  2000  inhabitants  and  for  school  offices)  by  certificate  of 
nomination  signed  by  the  presiding  officer  and  secretary  of  a 
party  which  at  the  last  preceding  election  polled  at  least  5^ 
of  the  vote  for  representative  in  Congress  in  the  district  for 
which  the  nomination  is  made,  or  which  presents  a  petition 
signed  by  5^  of  the  electors  of  such  district  stating  their  in- 
tention to  form  a  new  political  party;  or  signed  by  the  pre- 
siding officer  and  secretary  of  an  organized  assembly  of  at 
least  100  electors  (C.  &  S.  §  2791-92;  Laws  1891  p.i8  §  31-32, 
1901  p.361-62  §  14-15)- 
Filed  with  the  secretary  of  state,  the  clerk  of  a  county,  or  the 

city  clerk  or  recorder  of  a  city  of  over  2000  inhabitants  (C.  &  S. 

§  2797 ;  Laws  1891  p.20  §  37,  1903  p.250). 

3  By  certificate  of  nomination  signed  by  electors  to  the  number  of 

(a)  for  an  office  to  be  filled  by  the  voters  of  the  state  at 
large,  or  for  member  of  Congress,  2^  of  the  electors 
of  the  state  or  district 


AMERICAN    BALLOT   LAWS,,    1888-I9IO  169 

(b)  for  an  office  to  be  filled  by  the  voters  of  an  electoral  dis- 

trict or  county  of  the  state,  3;^  of  the  electors  of  such 
county  or  district 

(c)  for  an  office  to  be  filled  by  the  voters  of  a  precinct,  or 

constable  or  justice  of  the  peace,  y^  of  the  electors  of 
such  precinct  or  justice  of  the  peace  district 

(In    estimating    these    percentages,    the    vote    for    governor 

or  presidential  electors,  as  the  case  may  be,  is  taken  as  the 

basis). 

(C.  &  S.  §  2793 ;  Laws  1891  p.19  §  33,  1901  p.362  §  16). 

Form  of  ballot 

1  Official;  printed  and  distributed  at  public  expense  by  the  clerks 

of  the  several  counties  and  the  clerks  or  recorders  of  cities  and 
towns  (C.  &  S.  §  26983  2807,  2814-15;  Laws  1891  p.23  §  47, 
p.26  §  54-55,  1893  p.  125  §  12,  1903  p.250)  ;  obtainable  only  on 
election  day,  at  the  polling  places  and  from  the  election  of- 
ficers (C.  &  S.  §  2818,  2827,  2829;  Laws  1891  p.27  §  58,  p.30 
§67,  p.3 1  §69). 

2  Blanket  (C.  &  S.  §  2809;  Laws  1891  p.23  §  49,  1895  p.68  §1). 

3  Office  group;  names  of  candidates  arranged  in  alphabetical  order 

according  to  surnames  (except  in  the  case  of  presidential  elect- 
ors),' and  numbered  consecutively,  beginning  at  the  upper 
left-hand  corner  of  the  ballot  With  no.  12  (C.  &  S.  §  2809). 

4  No  special  method  provided  for  voting  a  straight  party  ticket. 

5  Blank  spaces  after  each  office  group  for  writing  in  names  (C. 

&S.  §2809). 

6  No  candidate's  nanie  is  to  appear  more  than  once  on  the  ballot, 

but  each  candidate's  name  is  to  be  followed  by  the  party  or 
political  designation,  expressed  in  not  over  three  words,  of 
each  party  or  group  which  nominated  him  and  whose  nom- 
ination he  accepted  (C.  &  S.  §  2809). 

7  Each  ballot  provided   with  two  detachable  stubs,  one  marked 

"  stub  to  be  torn  ofif  by  the  chairman,"  the  other  "  stub  to  be 
torn  off  by  the  first  clerk."  Before  delivering  a  ballot  to  a 
voter  the  chairman  is  to  write  on  the  second  of  these  stubs  the 
name  and  residence  of  the  voter  and  certain  other  data.  The 
clerk  is  then  to  number  both  stubs  to  correspond  with  the 
voter's  number  on  the  poll-book,  and  to  tear  oflf  the  second 
stub.  From  this  stub  the  voter's  name  and  residence  are  then 
copied  into  the  poll-book.  When  the  voter  returns  his  ballot 
to  be  deposited,  the  number  on  the  first  stub  is  compared  with 


170  NEW    YORK    STATE   LIBRARY 

his  number  in  the  poll-book,  and  if  it  corresponds,  the  stub  is 
torn  off  by  the  chairman  and  the  ballot  deposited.  The  word 
"  voted  "  is  then  written  opposite  the  name  of  the  voter  in  the 
poll-book.  (C.  &  S.  §  2809,  2818,  2820;  Laws  1891  p.27-28 
§58-60). 

8  No  provision  for  any  printed  indorsement  on  the  back,  or  out- 

side, of  the  ballot.  The  indorsement  elsewhere  usually  so 
printed  is,  in  Oregon,  printed  on  the  face  of  the  ballot  at  the 
top.    (C.  &  S.  §  2809). 

9  No  provision   for  a  separate  ballot   for  local  or  other  officers 

voted  for  at  general  elections.  Constitutional  amend- 
ments and  other  questions  submitted  are  to  be  printed  on  the 
general  ballot  and  numbered  consecutively.  An  examination  of 
the  ballot  shows  that  they  are  printed  by  fairly  full  descriptive 
titles.  For  amendments  or  measures  submitted  by  initiative 
or  referendum,  the  attorney  general  prescribes  a  "  ballot  title  " 
of  not  over  100  words.  (C.  &  S.  §  2809;  also  Laws  1907 
P40I  §  5)- 
10  Sample  ballots,  to  the  same  number  as  the  official  ballots,  but 
on  colored  paper,  without  detachable  stubs  and  with  a  differ- 
.  ent  width  of  margin,  to  be  prepared  and  to  be  furnished  to 
any  voters  who  want  them  both  before  the  election  and  on 
election  day  (C.  &  S.  §  2808,  2810;  Laws  1891  p.23-24  §  48, 
50,  1901  p.364  §  20). 

Rules  for  marking 

The  voter,  whether  he  wishes  to  vote  a  straight  party  ticket  or  a 
split  ticket,  is  to  do  so  by  placing  a  cross  mark  to  the  left  of  the 
name  of  each  individual  candidate  for  whom  he  wishes  to  vote, 
or,  if  he  wishes  to  vote  for  a  person  whose  name  is  not  printed 
on  the  ballot,  by  writing  such  person's  name  in  one  of  the  blank 
spaces  provided  for  the  purpose.  To  vote  on  a  constitutional 
amendment  or  other  question  submitted,  the  voter  is  to  place  a 
cross  mark  to  the  left  of  the  answer  which  he  desires  to  give.  (C. 
&  S.  §  2819;  Laws  1891  p.28  §  59,  1895  p.86,  1901  p.366  §  22). 

PENNSYLVANIA 
Constitutional  provisions 

'*'A11  elections  by  the  citizens  shall  be  by  ballot  or  by  such  other 
method  as  may  be  prescribed  by  law.  Provided,  That  secrecy  in 
voting  be  preserved"  (Const.  1873  art.8  §  4  as  amended  Nov.  5, 
190T). 


AMERICAN   BALLOT  LAWS,    1888-I9IO  I7I 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

1  J]y  certificate  of  nomination  signed  by  the  presiding  officer  and 

secretary  of  any  convention  of  delegates,  or  primary  meeting 
of  electors,  or  caucus,  held  under  the  rules  of  a  political  party, 
or  any  board  authorized  to  certify  nominations  representing  a 
political  party,  which,  at  the  last  preceding  election,  polled  at 
least  2^  of  the  largest  entire  vote  cast  for  any  office  in  the 
state,  or  in  the  political  division  for  which  the  nomination  is 
made  (Digest  §  119;  Laws  1893  p.419  §  2,  1897  p.  179  §1). 

2  On  canvass  by  the  county  commissioners  of  any  county  of  the 

results  of  a  direct  primary  election  of  any  political  party  or 
body  of  electors,  one  of  whose  candidates,  at  either  the  gen- 
eral or  February  election  preceding,  polled  2^  of  the  largest 
entire  vote  cast  in  the  state  for  any  candidate  at  the  last  gen- 
eral election;  and  certification  of  the  successful  candidates  for 
nomination  (in  the  case  of  district  officers  and  Congressman) 
to  the  secretary  of  the  commonwealth  (Laws  1906  p.36  §11). 

3  By  nomination  papers  signed  by  qualified  electors  to  the  number 

of 

(a)  for  an  office  to  be  voted  for  by  the  voters  of  the  entire 

state,  at  least  ^2  of  i^  of  the  largest  vote  cast  in  the 
state  at  the  last  preceding  election  for  any  state  officer 

(b)  for  any  other  office,  at  least  2^  of  the  largest  entire  vote 

for  any  officer  elected  at  the  last  preceding  election  in 
the  political  division  for  which  the  nomination  is  made 
(Digest  §  121 ;  Laws  1893  p.419  §  3,  1897  p.223  §1). 
Certificates  of  nomination  (i)  and  nomination  papers  (3)   filed 
with  the  secretary  of  the  commonwealth,  or  the  county  commis- 
sioners of  any  county  (Digest  §  124-26;  Laws  1893  p.419  §  5,  1897 

P-223  §  3). 

Form  of  ballot 

T  Official;  printed  and  distributed  at  public  expense  by  the  county 
commissioners  of  each  county  (Digest  §  140-41,  164;  Laws 
1893  p.419  §  I,  13,  17)  ;  obtainable  by  the  voters  only  on 
election  day,  at  the  polling  places  and  from  the  election  of- 
ficers (Digest  §  177,  194,  212,  218;  Laws  1893  p.419  §21,27, 
30,  2>S^  i903P-338§  4,  6). 

2  Blanket   (Digest  §  142-^4]  Laws  1893  p.419  §  14,  1897  p.223 

§  ^>,  1903  P-338  §  2). 

3  Office  group;  names  of  candidates  arranged  under  the  title  of 

each  office  according  to  the  size  of  the  vote  polled  by  their 


172  NEW    YORK    STATE    LIBRARY 

respective  parties  at  the  last  presidential  election  for  the  head 
of  the  ticket,  the  candidate  of  the  party  which  received  the 
largest  vote  being  placed  first,  and  so  on.  Names  of  independ- 
ent candidates  arranged  alphabetically.  Names  of  candidates 
for  presidential  electors  arranged  in  party  groups  in  same 
order  as  party  candidates  for  other  offices.    (Digest  §  145-46). 

4  Special    squares    for    voting    a    straight    party    ticket    (Digest 

§  152-53). 

5  Blank  spaces  for  writing  in  names  under  each  office  group,  as 

many  as  there  are  persons  to  be  elected  to  such  office  (Digest 

§  148). 

6  No  candidate's  name  to  appear  more  than  once  on  the  ballot, 

but  each  candidate's  name  is  to  be  followed  by  the  designa- 
tion of  all  the  parties  or  groups  which  have  nominated  him 
for  the  office  under  which  his  name  appears,  arranged  in  the 
same  order  as  the  candidate's  names  under  each  office  (Digest 

§  147). 

7  Each  ballot  provided  with  a  detachable  stub,  but  this  stub  re- 

mains in  the  stub-book  when  the  ballot  is  delivered  to  a  voter, 
and  is  not  otherwise  made  use  of.  As  the  voter  receives  his 
ballot  the  letter  "  B  "  is  placed  opposite  his  name  on  the  "  bal- 
lot check-list,"  and  when  he  returns  his  ballot  to  be  deposited, 
his  name  is  checked  off  on  the  "voting  check-list."  (Digest 
§  155-56,  177.  183-87;  Laws  1893  p.419  §  15,  21,  23,  1903 

P-2i3§i). 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words 

''  official  ballot,"  followed  by  the  designation  of  the  polling 
place,  the  date  of  the  election  and  facsimiles  of  the  signatures 
of  the  county  commissioners  who  had  the  ballots  printed  (Di- 
gest §  157;  Laws  1893  p.419  §  15). 

9  No  provision  for  separate  ballots  for  any  local  or  other  officers 

voted  for  at  general  elections.  Constitutional  amendments 
and  other  questions  submitted  are  printed  on  the  general  ballot 
"  in  brief  form,"  i.  e.  by  brief  descriptive  titles.  (Digest  §  149). 
10  Specimen  ballots,  on  tinted  paper  without  the  official  indorse- 
ment, but  otherwise  copies  of  the  official  ballots,  to  be  posted, 
five  in  each  polling  place,  and  to  be  distributed  to  any  voters 
who  ask  for  them  (Digest  §  161-62,  176;  Laws  1893  p.419 
§  16,  20). 

Rules  for  marking 

To  vote  a  straight  party  ticket,  the  voter  is  to  place  a  cross  mark 
in  one  of  the  party  squares.     To  vote  a  split  ticket,  he  must  not 


AMERICAN   BALLOT  LAWS,    1888-I9IO  I73 

mark  any  of  the  party  squares  but  must  place  cross  marks  only  in 
the  voting  squares  opposite  the  names  of  individual  candidates.  To 
vote  for  all  the  candidates  for  presidential  electors  of  any  one 
party,  he  is  to  place  a  cross  mark  in  the  square  opposite  the  party 
name  above  such  list  of  candidates.  To  vote  for  a  person  whose 
name  is  not  printed  on  the  ballot,  the  voter  is  to  write  such  per- 
son's name  in  one  of  the  blank  spaces  provided  for  the  purpose. 
To  vote  on  a  constitutional  amendment  or  other  question,  the  voter 
is  to  place  a  cross  mark  in  the  voting  square  opposite  the  answer 
which  he  desires  to  give.  Where  a  voter  is  entitled  by  law  to  cast 
more  than  one  vote  for  a  single  candidate,  he  is  to  place  in  the  ap- 
propriate voting  square  not  a  cross  mark  but  a  number  to  indicate 
the  number  of  votes  to  be  counted  for  the  candidate  so  marked. 
(Digest  §  178-^2;  Laws  1893  P419  §  22,  1903  p.338  §  3). 

RHODE  ISLAND 
Constitutional  provisions 

"  The  voting  for  governor,  lieutenant-governor,  secretary  of  state, 
attorney  general,  general  treasurer  and  representative  to  congress 
shall  be  by  ballot;  senators  and  representatives  to  the  general  as- 
sembly, and  town  or  city  officers  shall  be  chosen  by  ballot,  on  de- 
mand of  any  seven  persons  entitled  to  vote  for  the  same ;  and  in  all 
cases  where  any  election  is  made  by  ballot  or  paper  vote,  the  man- 
ner of  balloting  shall  be  the  same  as  is  now  required  in  voting  for 
general  officers,  until  otherwise  prescribed  by  law  "  (Const.  1842 
art.8  §  2). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

1  By  certificate  of  nomination  signed  by  the  presiding  officer  and 

by  the  secretary  or  clerk  of  any  convention  of  delegates  or 
caucus  representing  a  political  party  which  at  the  preceding 
election  polled  at  least  2^  of  the  entire  vote  in  the  state  for 
governor  (G.  L.  ch.ii  §  4  (as  amended  by  Pub.  Laws  1910 
ch.640  §  7),  5,  6,  17;  Pub.  Laws  1902  ch.1059  §1). 

2  By  certificate  of  nomination  filed  by  the  warden  of  a  caucus 

representing  a  party  which  at  the  preceding  election  polled 
2^  of  the  total  vote  for  governor  (in  the  case  of  candidates 
nominated  directly  by  caucus  in  the  cities  of  Providence,  New- 
port and  Pawtucket).  (G.  L.  ch.12  §  i  (as  amended  by  Pub. 
Laws  1910  ch.640  §  23),  15;  Pub.  L»ws  1902  ch.1078  §  i, 

15)- 

3  By  nomiiiatiofi  papers  signed  by  qualified  voters  to  the  number  of 

(a)    for  offices  to  be  filled  by  the  voters  of  the  state  at  large, 
500   , 


174  NEW    YORK    STATE    LIBRARY 

(b)  for  offices  to  be  filled  by  the  voters  of  a  congressional 

district,  250 

(c)  for  the  office  of  state  senator  in  any  city  and  for  munici- 

pal offices  to  be  filled  by  the  voters  of  any  city  at  large, 
100 

(d)  for  the  office  of  state  senator  in  any  town;  or  for  the  of- 

fice of  member  of  the  house  of  representatives ;  or  for 
municipal  offices  to  be  filled  by  the  voters  of  any  town 
at  large;  or  for  offices  to  be  filled  by  the  voters  of  any 
representative  district,  ward  or  voting  district  in  any 
city  or  town,  50 
(G.  L.  ch.ii   §  9,   10,  13   (as  amended  by  Pub.  Laws   1910 
ch.640  §  8,  9,  10),  8,  II,  12;  Pub.  Laws  1902  ch.1059). 
Filed  zuith  the  secretary  of  state,  or  the  clerk  of  a  city  or  town 
but  in  the  city  of  Pawtucket,  with  the  board  of  canvassers  and  reg- 
istration (G.  L.  ch.ii  §  21  as  amended  by  Pub.  Laws  1910  ch.640 

§  15)- 

Form  of  ballot 

1  Official;  printed  and  distributed  at  public  expense  by  the  secre- 

tary of  state  and  the  clerks  of  the  several  cities  and  towns ;  in 
Pawtucket  by  the  board  of  canvassers  and  registration  (G.  L. 
ch.ii  §  1-3,  28,  31-33;  Pub.  Laws  1905  ch.1229)  ;  obtainable 
by  the  voters  only  on  election  day,  at  the  polls  and  from  the 
election  officers  (G.  L.  ch.ii  §  42,  46,  49;  Pub.  Laws  1905 
ch.1229). 

2  Blanket  (G.  L.  ch.ii  §  24;  Pub.  Laws  1905  ch.1229). 

3  Party  column;  emblems;  the  column  of  the  Republican  party 

printed  first  at  the  left  of  the  ballot,  that  of  the  Democratic 
party  next;  the  order  of  the  other  columns  left  to  the  officer 
printing  the  ballots.  Addresses  of  candidates  printed  after 
their  names.     (G.  L.  ch.ii  §  24;  Pub.  Laws  1905  ch.1229). 

4  Special  circles  for  voting  a  straight  party  ticket   (same  refer- 

ence). 

5  Blank  column  at  the  right  of  the  ballot  for  writing  in  names 

(same  reference). 

6  No  limitation  as  to  the  number  of  times  a  candidate's  name  may 

appear  on  the  ballot. 

7  No  provision  for  detachable  stubs,  or  for  any  system  of  num- 

bering or  initialing  the  ballots.  The  name  of  each  voter  is 
merely  checked  off  on  the  voting  list  by  a  clerk  as  he  de- 
posits his  ballot  in  the  ballot-box.  (G.  L.  ch.ii  §  42-43;  Pub. 
Laws  1905  ch.1229). 


AMERICAN   BALLOT  LAWS,    1888-I9IO  I75 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words  "  of- 

ficial ballot  for,"  followed  by  the  designation  of  the  polling 
place,  the  date  of  the  election  and  a  facsimile  of  the  signature 
of  the  officer  who  had  the  ballots  printed  (G.  L.  ch.ii  §  24; 
Pub.  Laws  1905  ch.1229). 

9  No  provision  for  separate  ballots  for  any  local  or  other  officers 

voted  for  at  general  elections  except  that  there  are  sep- 
arate ballots  on  colored  paper,  marked  ''  council,"  for  voters 
in  cities  who  are  entitled  to  vote  only  for  members 
of  the  common  council.  Constitutional  amendments  and 
.other  questions  submitted  are  printed  on  the  general  ballot  in 
full  (G.  L.  ch.ii  §  24;  Pub.  Laws  1905  ch.1229;  letter  from 
the  secretary  of  state). 
10  Si>ecimen  ballots,  on  different  colored  paper  and  without  the 
facsimile  indorsement,  are  to  be  furnished ;  ten  for  each  poll- 
ing place;  five  to  be  posted  in  each  polling  place  (G.  L.  ch.ii 
§  29,  32;  Pub.  Laws  1905  ch.1229). 

Rules  for  marking 

To  vote  a  straight  party  ticket  the  voter  is  to  place  a  cross  mark 
in  one  of  the  party  circles.  To  vote  a  split  ticket  he  is  to  place 
a  cross  mark  in  one  of  the  party  circles  and  other  cross  marks  in 
the  voting  squares  opposite  the  names  of  individual  candidates  of 
other  parties,  erasing  at  the  same  time  the  names  of  the  corre- 
sponding candidates  of  the  party  whose  party  circle  he  has  marked; 
or  he  may  omit  to  mark  any  of  the  party  circles  and  mark  only  the 
squares  opposite  the  names  of  the  individual  candidates  for  whom 
he  wishes  to  vote ;  or  he  may  write  in  the  blank  column  the  names  of 
persons  whose  names  are  not  printed  on  the  ballot.  All  the  presi- 
dential electors  of  any  one  party  may  be  voted  for  by  a  single  cross 
mark.  To  vote  on  a  constitutional  amendment  or  other  question  the 
voter  is  to  place  a  cross  mark  in  the  square  opposite  the  answer 
which  he  desires  to  give.  (G.  L.  ch.ii  §  43;  Pub.  Laws  1905  ch. 
1229). 

SOUTH  CAROLINA 
Constitutional  provisions 

"All  elections  by  the  people  shall  be  by  ballot,  and  elections  shall 
never  be  held  or  the  ballots  counted  in  secret "  (Const.  1895  art.2 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

There  is  no  provision  as  to  the  procedure  by  which  names  of 
candidates  are  to  be  given  a  place  on  the  official  ballots,  since  there 


176  NEW    YORK    STATE   LIBRARY 

are  no  official  ballots.  This  matter  is  left  entirely  to  the  several 
party  organizations  or  groups  of  voters  by  whom  the  candidates  are 
nominated. 

Form  of  ballot 

The  ballots  are  non-official  and  are  separate  for  each  party.  Each 
party  organization  or  group  of  voters  prepares  and  distributes  its 
own  ballots,  subject  only  to  the  following  statutory  provisions : 

"  §  210  The  voting  shall  be  by  ballot,  which  ballot  shall  be  of 
plain  white  paper,  two  and  a  half  inches  wide  by  five  inches  long, 
clear  and  even  cut,  without  ornament,  designation,  mutilation,  sym- 
bol or  mark  of  any  kind  whatsoever  except  the  name  or  names  of 
the  person  or  persons  voted  for  and  the  office  to  which  such  person 
or  persons  are  intended  to  be  chosen,  which  name  or  names,  office 
or  offices,  shall  be  written  or  printed,  or  partly  written,  or  partly 
printed  thereon  in  black  ink;  and  such  ballot  shall  be  so  folded  as 
to  conceal  the  name  or  names  thereon,  and,  so  folded  shall  be 
deposited  in  a  box  to  be  constructed,  kept  and  disposed  of  as 
hereafter  provided,  and  no  ballot  of  any  other  description  found  in 
any  election  box  shall  be  counted. 

"  §  211  There  shall  be  separate  and  distinct  ballots  for  the  follow- 
ing officers,  to  wit :  (i)  governor  and  lieutenant-governor ;  (2)  other 
state  officers;  (3)  circuit  solicitor;  (4)  state  senator;  (5)  members 
of  the  house  of  representatives;  (6)  county  officers ;  (7)  representa- 
tives in  Congress;  (8)  presidential  electors;  on  which  shall  be  the 
name  or  names  of  the  person  or  persons  voted  for  as  such  officers, 
respectively,  and  the  office  for  which  they  are  voted.  Whenever  the 
vote  is  to  be  taken  on  any  special  question  or  questions  a  box  shall 
be  provided,  properly  labeled  for  that  purpose,  and  the  ballots 
therefor  on  such  question  or  questions  shall  be  deposited  therein. 

"  §  214  Each  clerk  of  the  poll  shall  keep  a  poll-list,  which  shall 
contain  one  column  headed  "  Names  of  Voters,"  and  the  name  of 
each  elector  voting  shall  be  entered  by  the  clerk  in  such  column." 
(Code  tit.2  ch.io  art.i  §  210-11,  214;  Laws  1896  p.29  §  6-7,  10). 

Rules  for  marking 

There  are  no  rules  for  marking  other  than  the  implied  rules 
contained  in  the  sections  quoted  in  the  previous  division.  There 
is  no  provision  for  voting  booths.  The  voters  prepare  their  ballots 
for  voting  elsewhere,  and  merely  bring  them  to  the  polling  places  to 
be  deposited.     (Code  tit.2  ch.TO  art.T  §  212;  Laws  1896  p.29  §  8). 


AMERICAN   BALLOT  LAWS,    1888-I9IO  I77 

SOUTH  DAKOTA 
Constitutional  provisions 

"All  votes  shall  be  by  ballot,  but  the  legislature  may  provide  for 
numbering  ballots  for  the  purpose  of  preventing  and  detecting 
fraud"  (Const.  1889  art.7  §  3). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

1  On  statements  of  canvass  of  direct  primary  elections  made  by 

county  canvassing  boards  and  forwarded  by  the  county  audit- 
ors (in  the  case  of  state  and  district  officers)  to  the  secretary 
of  state ;  and  statement  of  canvass  made  by  the  state  canvass- 
ing board  and  filed  with  the  secretary  of  state  (Laws  1909  ch. 
297  §  58-60). 

2  (In  the  case  of  offices  to  which  the  direct  primary  law  of  1909 

does  not  apply)  by  certificate  of  nomination  filed  by  the  pre- 
siding officer  and  secretary  of  a  nominating  convention  or 
primary  meeting  representing  a  political  party  or  principle 
(P.  C.  ch.19  §  1899-1900;  Laws  1897  ch.6o  §  2-3). 

3  By  certificate  of  nomination  signed  by  electors  residing  in  the 

district  for  which  the  nomination  is  made,  to  the  number  of 

(a)  for  an  office  to  be  filled  by  the  voters  of  the  entire  state, 

200 

(b)  for  an  office  to  be  filled  by  the  voters  of  a  county,  district 

or  other  division  less  than  the  entire  state,  20 

(c)  for  an  office  to  be  filled  by  the  voters  of  a  township,  pre- 

cinct or  ward,  5 
(P.  C.  ch.19  §  1902;  Laws  1897  ch.6o  §  5). 

4  (In  the  case  of  any  city  of  the  first,  second  or  third  class  which 

has  adopted  the  commission  form  of  government)  by  petition 
signed  by  15  electors  for  each  1000  or  major  fraction  thereof 
of  the  population  (but  the  number  must  not  be  less  than  25 
and  need  not  be  more  than  150)  filed  with  the  city  auditor 
(Laws  1907  ch.86  §  107). 
Certificates  of  nomination  (2  and  3)   filed  with  the  secretary  of 

state,  a  county  auditor  or  the  clerk  of  a  municipality  (P.  C.  ch.19 

§  1901 ;  Laws  1897  ch.6o  §  4). 

Form  of  ballot 

I  Official;  printed  and  distributed  at  public  expense  by  county 
auditors  and  clerks  of  cities,  towns  and  villages  (P.  C.  ch.19 
§   1885-90;  Laws  1897  ch.6o  §  i,   13,  17)   obtainable  by  the 


178  NEW  YORK  STATE  LIBRARY 

voters  only  on  election  day,  at  the  polling  places  and  from  the 
election  officers  (P.  C.  ch.19  §  1876,  1920,  1923;  Laws  1897 
ch.6o  §  24,  31,  39). 

2  Blanket  (P.  C.  ch.19  §   1886;  Laws  1897  ch.6o  §  13). 

3  Party  column;  no  emblems ;  columns  arranged  from  left  to  right 

according  to  the  size  of  the  party  vote  for  governor  at  the  last 
preceding  election,  the  party  which  polled  the  largest  vote 
being  placed  first  and  so  on  (P.  C.  ch.19  §  1892;  Laws 
1901   ch.119  §  I,  1909  ch.144). 

4  Special  circles  for  voting  a  straight  party  ticket   (P.   C.  ch.19 

§  1892,  1916;  Laws  1901  ch.119  §  I,  1909  ch.144,  1899  ch.8i 

5  No  provision  for  any  blank  column  or  blank  spaces  for  writing 

in  names. 

6  No  candidate's  name  is  to  be  printed  in  more  than  one  column 

on  the  ballot,  but  a  candidate  nominated  by  two  or  more 
parties  may  choose  in  which  column  his  name  shall  be  placed. 
If  he  fails  to  do  so,  it  is  to  be  printed  in  the  column  of  the 
party  which  first  filed  a  certificate  of  his  nomination.  (P.  C. 
ch.19  §  1892). 

7  No  provision  for  detachable  stubs,  or  for  any  system  of  num- 

bering the  ballots,  although  the  legislature  is  constitutionally 
authorized  to  provide  for  the  latter.  The  clerks  keep  poll- 
lists,  however,  on  which  the  names  of  all  the  voters  are  en- 
tered in  numerical  order  as  they  vote.  (P.  C.  ch.19  §  1878; 
Dakota  P.  C.  1877  ch.27  §  19). 

8  No  provision  for  any  printed  indorsement  on  the  back,  or  out- 

side, of  the  ballot ;  but  before  each  ballot  is  handed  to  a 
voter  the  ballot  clerk  stamps  on  the  back  with  a  rubber  stamp 
the  words  "  official  ballot,"  the  name  and  number  of  the 
election  precinct,  the  name  of  the  county  and  the  date  of  the 
election  (P.  C.  ch.19  §  1876,  1893;  Laws  1897  ch.6o  §  20,  24). 

9  Special  ballots  of  the  office  group  form,  but  without  party  des- 

ignations of  any  sort,  for  city  officers  in  cities  of  the  first,  sec- 
ond or  third  class  which  have  adopted  the  commission  form 
of  government.  Separate  ballots  of  the  same  form  for  school 
directors.  (Laws  1907  ch.86  §  108).  Constitutional  amend- 
ments printed  on  one  separate  ballot,  in  full  (letter  from  sec. 
of  state)  and  questions  submitted,  on  another.  Local  and 
municipal  questions  are  each  printed  on  separate  ballots.  (P.  C. 
ch.19  §  1892,  1911;  Laws  1901  ch.119  §  I,  1909  ch.144, 
1897  ch.6o  §  27,  1899  ch.8o  §  I,  1909  ch.43).. 


AMERICAN   BALLOT  LAWS,    1 888-1 9 lO  1 79 

10  Sample  ballots,  on  different  colored  paper  from  the  official  bal- 
lots, to  be  posted,  one  in  each  voting  booth  and  three  else- 
where in  each  polling  place  (P.  C.  ch.19  §  1886,  1894;  Laws 
i897ch.6o§  13,  34). 

Rules  for  marking 

To  vote  a  straight  party  ticket,  the  voter  is  to  place  a  cross  mark 
in  one  of  the  party  circles.  To  vote  a  split  ticket,  he  may  mark 
one  of  the  party  circles  and  also  mark  one  or  more  of  the  voting 
circles  opposite  the  names  of  individual  candidates  of  other  parties ; 
or  he  may  omit  to  mark  any  of  the  party  circles,  and  place  cross 
marks  only  in  the  voting  circles  opposite  the  names  of  the  candi- 
dates for  whom  he  wishes  to  vote.  When  two  or  more  candidates 
are  to  be  chosen  for  any  one  office,  the  voter,  to  split  his  ticket 
for  such  office,  must  place  a  cross  mark  opposite  the  name  of  each 
individual  candidate  for  whom  he  wishes  to  vote.  There  is  no 
method  expressly  provided  for  voting  for  any  person  whose  name  is 
not  printed  on  the  ballot.  (P.  C.  ch.19  §  1914-15 ;  Laws  1901  ch.117 
§  I,  1899  ch.8i  §  I). 

TENNESSEE 
Constitutional  provisions 

"  In  all  elections  to  be  made  by  the  general  assembly,  the  mem- 
bers thereof  shall  vote  viva  voce  and  their  votes  shall  be  entered 
on  the  journal.  All  other  elections  shall  be  by  ballot.''  (Const.  1870 
art.4  §  4). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

In  those  parts  of  the  state  to  which  the  Australian  ballot  law 
applies^ 

1  On  canvass,  by  a  county  executive  committee  or  district  commit- 

tee of  any  party  which  at  the  general  election  next  preceding 
cast  more  than  10;^  of  the  entire  vote  in  the  state,  or  by  the 
"state  board  of  primary  election  commissioners  of  the  returns 
of  direct  primary  elections,  and  announcement  of  the  success- 
ful candidates  for  nomination  (Laws  1909  ch.102  §  37-38). 

2  (In  the  case  of  those  offices  and  parties  to  which  the  direct 

primary  law  of   1909  does  not  apply)  upon  zvritten  request 

*  The  Australian  ballot  law  applies  only  to  counties  of  over  50,000  inhabitants,  and  to 
towns  or  cities  of  over  2500  inhabitants,  according  to  the  federal  census  of  1890  or  any 
later  census;  also  to  Henderson,  Montgomery  and  Mailry  counties.  These  portions  of  the 
state  to  which  the  law.  applies  include  about  one-seventh  of  the  total  number  of  election 
districts. 


l8o  NEW    YORK    STATE    LIBRARY 

of  any  candidate  nominated  by  any  caucus,  convention,  mass 
meeting  or  other   assembly  of   any  political  party,  or  upon 
the  written  request  of  any  qualified  voter  who  will  affirm  that 
he  was  a  member  of  said  caucus,  convention,  mass  meeting  or 
other  assembly,  and  that  the  name  presented  by  him  was  the 
nominee  of  said  caucus,  convention,  mass  meeting  or  other 
assembly  (Code  §  1233;  Laws  1890  ch.24  §  3). 
3  On  written  petition  signed  by  at  least  fifteen  citizens  qualified 
to  vote  in  the  election  to  fill   the  office  in  question    (Code 
§  1234;  Laws  1890  ch.24  §  3). 
Requests   (2)   and  petitions   (3)   Hied  with  the  chairman  of  the 
board  of  commissioners  of  elections  of  each  county  to  which  the 
Australian  ballot  law  applies  (Code  §  1233-34). 

In  those  parts  of  the  state  to  which  the  Australian  ballot  law 
does  not  apply  there  is  no  provision  as  to  the  method  by  which 
the  names  of  candidates  are  to  be  given  a  place  on  the  official  bal- 
lots, since  there  are  no  official  ballots.  This  matter  is  left  entirely 
to  the  several  party  organizations  or  individuals  by  whom  the  bal- 
lots are  printed. 

Form  of  ballot 

In  those  parts  of  the  state  to  which  the  Australian  ballot  law 
applies 

1  Official;  printed  and  distributed  at  public  expense  by  the  county 

boards  of  commissioners  of  elections  (Code  §  1231,  1242; 
Laws  1890  ch.24  §  I,  9)  ;  obtainable  by  the  voters  only  on 
election  day,  at  the  polling  places  and  from  the  election  of- 
ficers (Code  §  1246,  1255;  Laws  1890  ch.24  §  13,  17). 

2  Blanket  (Code  §  1238;  Laws  1890  ch.24  §  5). 

3  Office  group;  names  of  candidates  arranged  under  each  office  in 

alphabetical  order  according  to  surnames,  irrespective  of 
party.  Examination  of  the  ballots  shows  that  they  contain 
no  party  designations  of  any  sort.    (Code  §  1238). 

4  No  special  method  provided  for  voting  a  straight  party  ticket. 

5  At  least  one  blank  space  after  each  office  group  for  writing  in 

names,  in  case  any  candidate  is  nominated  too  late  to  have 
his  name  printed  on  the  official  ballots  (Code  §  1235,  1248; 
Laws  1890  ch.24  §  3,  14). 

6  No  limitation  as  to  the  number  of  times  a  candidate's  name  may 

appear  on  the  ballot. 

7  Each  ballot  provided  with  a  detachable  stub  on  which  is  printed 

the  word  ''  No.     .     .     ."     This  stub  is  numbered  before  the 


AMERICAN   BALLOT  LAWS,    l888-igiO  l8l 

voter  receives  his  ballot,  and  the  same  number  is  placed  on 
the  voter's  certificate  of  registration,  which  he  must  present  at 
this  time.  After  marking  his  ballot,  the  voter  again  presents 
his  certificate  of  registration,  together  with  his  ballot,  and  if 
the  numbers  on  the  ballot  stub  and  the  certificate  correspond, 
the  stub  is  torn  off  and  destroyed,  the  voter's  name  checked 
off  on  the  registration-list,  and  his  ballot  deposited  in  the 
ballot-box.  (Code  §1217-18,  1239,  1247,  1249-50;  Laws 
1890  ch.24  §  6,  14,  ch.25  §  17;  1895  ex.  sess.  ch.3  §  7). 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words 

"  Official  ballot  for  "  followed  by  the  designation  of  the  poll- 
ing place,  the  date  of  the  election  and  a  facsimile  of  the  sig- 
nature of  the  officer,  or  officers,  charged  with  the  printing  of 
the  ballots  (Code  §  1238). 

9  No  provision  for  separate  ballots  for  any  local  or  other  officers 

voted   for  at  general   elections.     Constitutional   amendments 

and  other  questions  submitted  are  printed    in    full    on    the 

general  ballot.     (Code  §  1238,  and  examination  of  the  ballots 

themselves). 

10  No  provision  for  the  printing,  distribution  or  posting  of  sample 

ballots. 

In  those  parts  of  the  state  to  which  the  Australian  ballot  law 

does  not  apply  there  is  no  provision  for  official  ballots,  publicly 

printed  and  distributed.     The  ballots  are  printed  and  distributed 

by  the  several  party  organizations,  or  by  individuals,  subject  only 

to  the  provision  that  they  shall  be  3  in.  by  7  in.  in  size,  of  plain 

white  paper,  with  the  names  of  the  offices  and  candidates  plainly 

written  or  printed  on  them,  and  that  they  shall  not  deviate  from 

the  prescribed  dimensions  more  than  %  of  an  inch  in  length  or  1/16 

of  an  inch  in  width  (Code  §  1259;  Laws  1891  ex.  sess.  ch.21  §  i, 

1893  ch.ioi)  ;  also  that  *' it  shall  not  be  lawful  to  print  or  place 

any  picture,  sign,  color,  mark,  index  or  insignia  thereon.     No  other 

sort  of  ballot  must  be  offered  to  a  voter  by  any  one,  nor  shall  any 

other  sort  be  received."     (Code  §   1260-62;  Laws   1891  ex.  sess. 

ch.2i  §  2-5). 

Rules  for  marking 

In  those  parts  of  the  state  to  which  the  Australian  ballot  law 
applies,  to  vote  a  straight  party  ticket  or  a  split  ticket,  the  voter  is 
to  place  a  cross  mark  opposite  the  name  of  every  candidate  for 
whom  he  wishes  to  vote,  or  to  write  in  the  name  of  the  person  for 
whom  he  wishes  to  vote  in  one  of  the  blank  spaces  provided  for  the 
purpose.     To  vote  on  a  constitutional  amendment  or  other  ques- 


1 82  NEW  YORK  STATE  LIBRARY 

tion  submitted,  the  voter  is  to  place  a  cross  mark  opposite  the  an- 
swer which  he  wishes  to  give.  (Code  §  1248 ;  Laws  1890  ch.24  §  14) . 
A  candidate  nominated  too  late  to  have  his  name  printed  on  the  bal- 
lots may  have  small  pasters  printed  with  his  name  on  them,  and  may 
furnish  them  to  the  election  officers  to  be  distributed  to  the  voters. 
A  voter  may  use  one  of  these  pasters  as  a  guide  in  marking  his 
ballot,  or  if  he  can  not  write,  may  paste  it  on  the  ballot  in  the  ap- 
propriate blank  space.     (Code  §  1235-36;  Laws  1890  ch.24  §  3). 

In  those  parts  of  the  state  to  which  the  Australian  ballot  law  does 
not  apply  there  are  no  rules  for  marking  provided,  except  those 
quoted  in  the  previous  division.  No  voting  booths  provided  for. 
Ballots  are  marked  elsewhere  and  merely  brought  to  the  polling 
places  and  deposited. 

TEXAS^ 
Constitutional  provisions 

"  In  all  elections  by  the  people  the  vote  shall  be  by  ballot,  and 
the  legislature  shall  provide  for  the  numbering  of  tickets  and  make 
such  other  regulations  as  may  be  necessary  to  detect  and  punish 
fraud  and  preserve  the  purity  of  the  ballot  box  .  .  ."  (Const. 
1875  art.6  §  4,  as  amended  Sept.  22,  1891). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

1  By  certificate  of  nomination  signed  by  the  chairman  and  secre- 

tary of  the  state  convention  of  any  organized  party  which,  at 
the  last  general  election,  cast  100,000  votes  or  more,  after 
a  canvass  by  such  state  convention  of  the  returns  of  direct 
primary  elections  for  state  and  district  officers ;  or  by  the 
chairman  of  the  county  executive  committee  of  any  such 
party  on  canvass  of  the  returns  of  direct  primary  elections 
for  local  officers  (T.  L.  §  52,  117-20,  131). 

2  By  certificate  of  nomination  signed  by  the  chairman  of  the  state, 

district  or  county  nominating  convention  of  any  political  party 
which  at  the  last  general  election  polled  not  less  than  10,000 
and  not  more  than  100,000  votes  for  governor  (T.  L.  §  99). 
(Such  parties  may  also  nominate  by  means  of  direct  primaries, 
but  this  method  is  only  mandatory  for  parties  which  at  the 
last  election  polled  100,000  votes  or  over.) 

^  The  abbreviation  "T.  L."  as  used  in  the  references  refers  to  the  "Terrell  Law";  1905, 
first  called  sess.,  p.  520.  To  be  found  in  Herron's  1906  supplement  to  Sayles's  Annotated 
and  Revised  Civil  Statutes,  title  36,  p.  161-223. 


AMERICAN   BALLOT  LAWS,    1888-I9IO  1 83 

3  By  certificate  of  nomination  signed  by  the  chairman  of  a  county 

committee  of  any  party  not  having  a  state  organization  and 
wishing  to  nominate  candidates  for  county  and  precinct  of- 
fices only,  provided  a  written  application  to  print  such  candi- 
dates' names  in  a  separate  column  on  the  ballot  shall  have 
been  made  to  the  county  judge  and  signed  and  sworn  to  by 
voters  to  a  number  equivalent  to  3^  of  the  entire  vote  cast 
in  the  county  at  the  last  election  (T.  L.  §  100). 
Filed  with  the  secretary  of  state  or  a  county  clerk  (T.  L. 
§  99-100,  120,  131). 

4  By  written  application  to  the  secretary   of    state    (in    the  case 

of    non-partisan    or    independent    candidates)     signed    by 
qualified  voters  to  the  number  of 

(a)  for    an    office    to   be   voted    for   throughout   the   entire 

state,  i^  of  the  entire  vote  of  the  state  cast  at  the 
last  preceding  general  election 

(b)  for  a  congressional,  supreme  judicial,  senatorial,  repre- 

sentative, flotorial  or  judicial  district  office,  3^  of  the 
entire  vote  cast  in  any  such  district  at  the  last  pre- 
ceding general  election,  provided  that  the  number  need 
not  exceed  500 

(c)  for  a  county,  city  or  town  office,  5^  of  the  entire  vote 

cast  in  such  county,  city  or  town  at  the  last  preceding 
general  election 
(T.  L.  §  94-i)8). 
Filed  with  the  secretary  of  state,  a  county  judge  or  the  mayor 
of  a  city  or  town  (T.  L.  §  94,  98), 

Form  of  ballot 

1  Official;  printed  and  distributed  at  public  expense  by  the  county 

board  of  elections  of  each  county  (T.  L.  §  38-39,  44-46)  ;  ob- 
tainable by  the  voters  only  on  election  day,  at  the  polling 
places  and  from  the  election  officers  (T.  L.  §  46,  y2,  78,  159)- 

2  Blanket  (T.  L.  §  46). 

3  Party  column;  no  emblems ;  no  provision  as  to  the  order  of  the 

columns  (T.  L.  §  46,  53). 

4  Special  provision  for  voting  a  straight  party  ticket  by  merely 

erasing,  with  a  pencil  line  drawn  through  it,  each  of  the  tickets 
for  which  a  voter  does  not  wish  to  vote  (T.  L.  §  53). 

5  A  blank  column  for  writing  in  names  (T.  L.  §  53). 


184  NEW    YORK    STATE    LIBRARY 

6  "  The  name  of  no  candidate  shall  appear  more  than  once  upon 

the  official  ballot,  except  as  a  candidate  for  two  or  more  of- 
fices permitted  by  the  constitution  to  be  held  by  the  same 
person.  The  name  of  a  candidate  nominated  by  any  political 
party  shall  appear  on  the  ballot  only  under  the  head  of  the 
party  making  such  nomination."  No  provision,  in  the  case  of  a 
candidate  nominated  by  two  or  more  parties,  as  to  which 
column  his  name  shall  be  printed  in.     (T.  L.  §  49). 

7  No  provision  for  detachable  stubs.     The  presiding  judge  is  to 

write  his  signature  on  the  back  of  each  ballot  before  its  de- 
livery to  a  voter.  When  the  voter  returns  it  to  be  deposited 
in  the  ballot-box,  if  the  judges  are  sure  it  is  the  identical 
ballot  which  the  voter  received  from  them,  they  are  to  write 
on  the  back  of  it,  the  number  opposite  the  voter's  name  on 
the  voting-list,  write  opposite  the  voter's  name  on  said  list 
the  word  ''  voted,"  and  deposit  the  ballot  in  the  ballot-box. 
(T.  L.  §  72,74). 

8  No  provision  for  any  printed  indorsement  on  the  back,  or  out- 

side, of  the  ballot. 

9  No  provision  for  separate  ballots  for  any  local,  or  other,  of- 

ficers voted  for  at  general  elections.  Constitutional  amend- 
ments and  other  questions  submitted  are  printed  on  the  general 
ballot  in  such  form  as  may  be  prescribed  by  the  legislature,  or 
(in  the  case  of  constitutional  amendments)  by  the  governor 
in  his  proclamation,  "  in  such  terms  as  to  give  the  voter  a 
clear  idea  of  the  scope  and  character  of  the  amendment"; 
local  propositions  are  to  be  printed  in  such  form  as  the  au- 
thorities submitting  them  may  prescribe.  (T.  L.  §  53-54). 
10  Sample  ballots  are  incidentally  referred  to  (T.  L.  §  55),  but 
there  is  no  express  provision  for  their  printing,  distribution 
or  posting. 

Rules  for  marking 

To  vote  a  straight  party  ticket,  the  voter  is  to  draw  a  line  from 
top  to  bottom  through  each  of  the  tickets  which  he  does  not 
wish  to  vote,  leaving  the  party  ticket  which  he  does  wish  to  vote 
unscratched.  To  vote  a  split  ticket,  he  is  to  erase  the  names  of  all 
the  candidates  for  whom  he  does  not  wish  to  vote  leaving  the  names 
of  all  the  candidates  for  whom  he  does  wish  to  vote  unscratched, 
or,  if  they  are  not  printed  on  the  ballot,  writing  such  names  in  the 
proper  spaces  in  the  blank  column.  In  marking  his  ballot,  the  voter 
must  not  use  for  his  assistance  any  marked  ballot  or  other  memoran- 
dum.     (T.  L.  §  53,  70). 


AMERICAN   BALLOT  LAWS,    1888-I9IO  185 

UTAH 
Constitutional  provisions 

"  All  elections  shall  be  by  secret  ballot.  Nothing  in  this  section 
shall  be  construed  to  prevent  the  use  of  any  machine  or  mechanical 
contrivance  for  the  purpose  of  receiving  and  registering  the  votes 
cast  at  any  election.  Provided,  that  secrecy  in  voting  be  preserved." 
(Const.  i896art.4§  8). 

Procedure  by  which  names  cf  candidates  are  placed  on  the  ballot 

On  certificate  of  nomination  signed  by 

1  The  presiding  officer  and  secretary  of  a  nominating  convention 

of  any  political  party  which  at  the  last  preceding  election 
polled  at  least  2^  of  the  entire  vote  cast  in  the  state,  county 
or  other  political  division  for  which  the  nomination  is  made 
(C.  L.  §  822-23;  Laws  1896  ch.69  §  3-4,   1897  ch.50  art.3 

§  1-2). 

2  Voters,  resident  in  the  district  for  which  the  nomination  is  made, 

to  the  number  of 

(a)  for  an  office  to  be  filled  by  the  voters  of  an  entire  state, 

500 

(b)  for  an  office  to  be  filled  by  the  voters  of  a  district  or 

county,  100 

(c)  for  an  office  to  be  filled  by  the  voters  of  a  precinct,  town, 

city  or  any  other  division  less  than  a  county,  50 
(C.  L.  §  825;  Laws  1896  ch.69  §  6,  1897  ch.50  art.3  §  4). 
Filed  tvith  the  secretary  of  state,  a  county  clerk,  or  the  clerk  of 
a  city  or  town  (C.  L.  §  824;  Laws  1896  ch.69  §  5,  1897  ch.50  art.3 

§3)- 

Form  of  ballot 

1  Official;  printed  and  distributed  at  public  expense  by  the  several 

county  clerks,  and  the  recorders  or  clerks  of  cities  and  towns 
(C.  L.  §  836,  841-42;  Laws  1896  ch.69  §  I,  17,  21,  1897 
ch.50  art.4  §  I,  6-7)  ;  obtainable  by  the  voters  only  on  elec- 
tion day,  at  the  polling  places  and  from  the  election  officers 
(C.  L.  §  846,  852,  909;  Laws  1896  ch.69  §  25,  29,  37,  1897 
ch.50  art.4  §  II,  17,  art.8  §  18). 

2  Blanket  (C.  L.  §  836,  839;  Laws  1896  ch.69  §  17-18,  1897  ch.50 

art.4  §  I,  4)- 

3  Party  column;  emblems;  the  order  in  which  the  several  columns 

are  to  be  printed  is  left  to  the  officers  charged  with  the  print- 
ing of  the  ballots  (C  L.  §  839). 


1 86  NEW    YORK    STATE    LIBRARY 

4  Party  circles  for  voting  a  straight  party  ticket  (C.  L.  §  839). 

5  A  blank  column  at  the  right  of  the  ballot  for  writing  in  names 

(C.L.  §839). 

6  No  limitation  as  to  the  number  of  times  a  candidate's  name 

may  appear  on  the  ballot. 

7  Each  ballot  provided  with  a  detachable  stub,  and  these  stubs 

are  to  be  numbered  consecutively.  One  of  the  judges,  be- 
fore delivering  each  ballot  to  a  voter,  signs  his  initials  on  the 
stub,  and  writes  the  number  on  the  stub  opposite  the  name 
of  the  voter  on  the  registry-list.  When  the  voter  returns  his 
ballot  to  be  deposited  in  the  ballot-box,  the  number  on  the 
stub  is  compared  with  that  opposite  the  voter's  name  on  the 
registry-list,  and  if  they  correspond,  the  stub  is  detached,  the 
ballot  is  deposited  in  the  ballot-box,  and  the  voter's  name  is 
written  on  the  poll-list.  (C.  L.  §  846,  849;  Laws  1896  ch.69 
§  25-26,  1897  ch.50  art.4  §  II,  14). 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words 

"  official  ballot  for,"  followed  by  the  designation  of  the  elec- 
tion district,  the  date  of  the  election  and  a  facsimile  of  the 
signature  of  the  officer  who  caused  the  ballots  to  be  printed 

(C.L.  §839). 

9  No  provision   for  separate  ballots   for  any  local  or  other  of- 

ficers voted  for  at  general  elections.  Constitutional  amend- 
ments and  other  questions  submitted  are  printed  on  the 
general  ballot  (C.  L.  §  839)  by  a  ballot  title  designated  by 
the  secretary  of  state  and  covering  the  subject-matter  of  the 
amendment  or  question.  (C.  L.  §  835 ;  Laws  1896  ch.69  §  16, 
1897  ch.50  art.3  §  14,  1899  ch.8o  §1). 
10  Sample  ballots,  on  paper  of  a  different  color  from  that  of  the 
official  ballots,  are  to  be  prepared  and  ready  seven  days  before 
the  election,  and  open  to  public  inspection.  They  are  also  to 
be  posted  in  the  several  polling-places.  (C.  L.  §  837;  Laws 
1896  ch.69  §  17,  1897  ch.50  art.4  §  2). 

Rules  for  marking 

To  vote  a  straight  party  ticket,  the  voter  is  to  place  a  cross  mark 
in  one  of  the  party  circles,  or  in  the  voting  squares  opposite  the 
names  of  all  the  candidates  of  his  party,  or  both.  To  vote  a  split 
ticket,  he  is  to  place  a  cross  mark  in  one  of  the  party  circles,  erase 
one  or  more  names  in  the  party  column  below  such  circle,  and  place 
cross  marks  in  the  voting  squares  opposite  the  names  of  the  corre- 


AMERICAN    BALLOT   LAWS,    1888-IOIO  187 

spending  candidates  in  other  columns;  or  he  may  omit  to  mark 
any  party  circle  and  place  cross  marks  only  opposite  the  names  of 
the  individual  candidates  for  whom  he  wishes  to  vote;  or,  to  vote 
for  any  person  whose  name  is  not  printed  on  the  ballot,  he  may 
write  in  the  name  of  such  person  in  the  proper  space  in  the  blank 
column.  To  vote  on  a  constitutional  amendment  or  other  ques- 
tion, he  is  to  place  a  cross  mark  in  the  voting  square  opposite  the 
answer  which  he  desires  to  give.  (C.  L.  §  847;  Laws  1896  ch.69 
§  26,  1897  ch.6o  art.4  §  11-12). 

VERMONT  ^ 
Constitutional  provisions 

"  The  House  of  Representatives  of  the  Freemen  of  this  state 
shall  consist  of  persons  most  noted  for  wisdom  and  virtue,  to  be 
chosen  by  ballot     .     .     . 

"  The  Supreme  Executive  Council  of  this  state  shall  consist  of 
a  governor,  lieutenant-governor,  and  twelve  persons  chosen  in  the 
following  manner,  viz,  the  freemen  of  each  town  shall,  on  the  day 
of  election  for  choosing  representatives  to  attend  the  general  as- 
sembly, bring  in  their  votes  for  governor,  with  his  name  fairly 
written,  to  the  constable  .  .  .  The  lieutenant-governor  and 
treasurer  shall  be  chosen  in  the  manner  above  directed.  And  each 
freeman  shall  give  in  twelve  votes  for  twelve  councilors,  in  the 
same  manner     .     .     . 

"  The  freemen  of  the  several  towns  in  each  county  shall  annually 
give  their  votes  for  the  senators  apportioned  to  such  county,  at 
the  same  time  and  under  the  same  regulations,  as  are  now  provided 
for  the  election  of  councilors. 

''All  the  officers  named  in  the  preceding  articles  of  amendment 
(assistant  judges  of  the  county  court,  sheriffs,  high  bailiffs,  state's 
attorneys,  judges  of  probate  and  justices  of  the  |>eace)  shall  be  an- 
nually elected  by  ballot. 

"  The  election  of  the  several  officers  mentioned  in  the  preceding 
articles,  excepting  town  representatives,  shall  be  made  at  the  times 
and  in  the  manner  now  directed  in  the  constitution  for  the  choice 
of  senators."  (Const.  1793  ch.2  §  8,  10;  Amendments  art.5 
[Jan.  1836],  19-20  [Jan.  1850]). 

'  The  Australian  ballot  law  does  not  apply  to  annual  or  special  elections  of  town  or  village 
officers  in  towns  or  villages  of  3000  inhabitants  or  under;  or  in  towns  or  villages  of  over 
3000  and  not  over  8000,  unless  expressly  adopted  at  a  town  or  village  meeting  (P.  S.  §  182; 
Laws  1892  no.  i  §  32;  1894  no.  3;  Vt.  S.  1895  §  131;  Laws  1906  no.  s  §  1). 


l88  NEW    YORK    STATE    LIBRARY 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

■  By  certificate  of  nomination,  signed  by 

1  The  presiding  officer  and  secretary  of  any  convention  of  organ- 

ized delegates  or  voters  representing  a  political  party  which 
polled  at  least  i^  of  the  entire  vote  at  the  preceding  general 
election  in  the  state  or  in  the  division  thereof  for  which  the 
nomination  is  made  (P.  S.  §  91-92;  Laws  1890  no.9  §  4-5, 
1892  no.i  §  4-5;  Vt.  S.  1895  §  82-83). 

2  Voters  resident  in  the  state,  or  in  the  district  for  which  the 

nomination  is  made  to  the  number  of  at  least  1^  of  the  entire 

vote  in  the  state  or  in  such  district  at  the  preceding  general 

election    (P.  S.  §  93;  Laws   1890  no.9  §  7>   1892  no.i   §  7; 

Vt.  S.  1895  §84). 

Filed  with  the  secretary  of  state,  or  a  county,  town  or  village 

clerk  (P.  S.  §  96;  Laws  1890  no.9  §  6,  1892  no.i  §  6;  Vt.  S.  1895 

§87). 

Form  of  ballot 

1  OMcial;  printed  and  distributed  at  public  expense  by  county, 

town  and  village  clerks  (P.  S.  §  131,  145;  Laws  1890  no.9 
§  2-3,  22,  1892  no.i  §  2-3,  22 ;  Vt.  S.  1895  §  95,  107)  ;  obtain- 
able by  the  voters  only  on  election  day,  at  the  polling  places 
and  from  the  election  officers  (P.  S.  §  176,  181 ;  Laws  1890 
no.9  §  26,  30,  1892  no.i  §  26,  30;  Vt.  S.  1895  §  125,  130;  Laws 
1902  no.4  §1). 

2  Blanket  (P.  S.   §   134;  Vt.  S.   1894  §  99;  Vt.  S.   1895  §  98; 

Revision  1906  §  121). 

3  Party  column;  no  emblems;  the  law  expressly  prescribes  that 

the  columns  are  to  be  arranged  in  the  following  order,  from 
left  to  right:  Republican,  Democratic,  Prohibition;  the  order 
of  the  remaining  columns,  if  any,  to  be  determined  by  the 
clerk  who  causes  the  ballots  to  be  printed  (P.  S.  §  136;  Laws 
1890  no.9  §  18,  1892  no.i  §  16-18;  Vt.  S.  1895  §  99;  Laws 
1904  no.4  §  i>  1906  no.3  §1). 

4  Special  squares  for  voting  a  straight  party  ticket  (P.  S.  §  136). 

5  A  blank  space  under  each  office  for  writing  in  a  name  (P.  S. 

§   139;  Laws  1890  no.9  §  18,  1892  no.i  §   18;  Vt.  S.  1895 

§   lOl). 

6  A  candidate  nominated  by  more  than  one  party  or  independent 

group  may  choose  on  \^hich  "  party  ticket  or  tickets  "  his 
name  shall  be  printed,  and  if  he  notifies  the  officer  printing 
the  ballots  of  his  choice  his  name  shall  be  placed  only  on  the 


AMERICAN   BALLOT  LAWS,    1888    TQIO  189 

ticket  or  tickets  which  he  selects  (P.  S.  §  135  ;  Laws  1904  no.3 
§1). 

7  No  provision  for  detachable  stubs  or  for  any  system  of  number- 

ing the  ballots.  The  name  of  each  voter  is  rherely  checked 
off  on  the  "  check-list "  as  he  receives  his  ballot  or  ballots, 
and  again  when  he  returns  it,  or  them,  to  be  deposited  in  the 
ballot-box.  (P.  S.  §  176,  179;  Laws  1890  no.9  §  27,  1892  no.i 
§  27;  Vt.  S.  1895  §  125,  128). 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words 

"  official  ballot,"  followed  by  the  name  of  the  town,  ward  or 
village  where  the  ballot  is  to  be  used,  the  date  of  the  election 
and  a  facsimile  of  the  signature  of  the  clerk  who  caused  the 
ballots  to  be  printed  (P.  S.  §  140;  Laws  1890  no.9  §  18, 
1892  no. I  §  18;  Vt.  S.  1895  §  102;  Laws  1900  no.3  §  0- 

9  Five  separate  ballots  for  different  officers,  or  groups  of  officers 

(not  all  voted  for  at  the  same  election),  as  follows:  (P.  S. 
§  134)  (i)  state,  district  and  county  officers,  except  justices 
of  the  peace;  (2)  presidential  electors;  (3)  town  representa- 
tives to  the  general  assembly ;  this  ballot  has  no  party  squares 
(Laws  1904  no.4)  ;  (4)  justices  of  the  peace;  this  ballot  is 
printed  on  red  paper  (Laws  1902  no.2)  ;  (5)  city,  town  or 
village  offices ;  this  ballot  is  of  the  "  office  group  "  form,  the 
names  of  candidates  being  arranged  in  alphabetical  order 
according  to  surnames  (Laws  1906  no.3  §  2).  Constitutional 
amendments  and  other  questions  submitted  are  printed  "  upon 
the  ballots  below  the  lists  of  candidates  "  in  a  form  certified 
by  the  secretary  of  state  to  the  clerks  charged  with  printing 
the  ballots  (P.  S.  §  138;  Laws  1890  no.9  §  i4»  1^9^  no.i  §  14, 
18;  Vt.  S.  1895  §  100). 
10  Sample  ballots  to  be  printed  on  tinted  paper,  and  posted  at 
least  five  in  each  polling  place  (P.  S.  §  142;  Laws  1890  no.9 
§  17,  1892  no.i  §  17;  Vt.  S.  1895  §  104). 

Rules  for  marking 

To  vote  a  straight  party  ticket  the  voter  is  to  place  a  cross  mark 
in  one  of  the  party  squares.  To  vote  a  split  ticket  he  is  to  place 
a  cross  mark  in  the  voting  square  opposite  the  name  of  each  individ- 
ual candidate  for  whom  he  wishes  to  vote,  or  by  writing  the  name 
of  the  person  for  whom  he  wishes  to  vote  in  the  blank  column  and 
making  a  cross  opposite  thereto.  (These  are  the  only  methods 
mentioned.)     To  vote  on  a  constitutional  amendment  or  other  ques- 


igO  NEW    YORK    STATE    LIBRARY 

tion  submitted  the  voter  is  to  place  a  cross  mark  opposite  the 
answer  which  he  desires  to  give.  (P.  S.  §  177;  Laws  1890  no.9 
§  27,  1892  no. I  §  27;  Vt.  S.  1895  §  126). 

VIRGINIA 
Constitutional  provisions 

"All  elections  by  the  people  shall  be  by  ballot  ...  So  far 
as  consistent  with  the  provisions  of  this  constitution,  the  absolute 
secrecy  of  the  ballot  shall  be  maintained. 

"  The  general  assembly  shall  provide  for  ballots  without  any 
distinguishing  mark  or  symbol,  for  use  in  all  state,  county,  city 
and  other  elections  by  the  people,  and  the  form  thereof  shall  be  the 
same  in  all  places  where  any  such  election  is  held.  All  ballots  shall 
contain  the  names  of  the  candidates,  and  of  the  offices  to  be  filled, 
in  clear  print  and  in  due  and  orderly  succession ;  but  any  voter  may 
erase  any  name  and  insert  another.     .     . 

''  The  general  assembly  may  provide  for  the  use,  throughout  the 
state  or  in  any  one  or  more  counties,  cities,  or  towns  in  any  election, 
of  machines  for  receiving,  recording,  and  counting  the  votes  cast 
thereat:  Provided,  that  the  secrecy  of  the  voting  be  not  thereby 
impaired"   (Const.   1902  art.2  §  2^,  28,  37). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

On  announcement  of  candidacy  filed  by  the  candidate  himself, 
in  a  written  statement,  attested  by  two  witnesses,  and  signed  by 
the  candidate.  Filed  with  the  secretary  of  the  commonwealth,  or  a 
county  or  city  clerk.  (Code  §  T22a;  Laws  1894  ch.746  §  4,  1896 
ch.700  §  5,  1904  ex  sess.  ch.587  §  i  p.927). 

In  the  case  of  candidates  for  the  office  of  presidential  elector, 
the  names  of  the  candidates  are  furnished  to  the  secretary  of  the 
commonwealth  ''  by  any  person  or  persons  representing  "  the  politi- 
cal parties  which  have  nominated  the  said  candidates  (Code  §  122c; 
Laws  1896  ch.700  §  8,  1904  ex.  sess.  ch.587  §  i  p.928). 

Form  of  ballot 

I  Official;  printed  and  distributed  by  the  electoral  boards  of  the 
several  counties  and  cities  of  the  state,  at  public  expense 
Code  §  122b,  I22d,  I22e;  Laws  1894  ch.  746  §  5,  7,  8,  1896,  ch. 
700  §  6,  9,  10,  1898  ch.831  §  2,  1904  ex.  sess.  ch.587  §  i  p.927, 
929,  930)  ;  obtainable  by  voters  only  from  the  election  officers, 


AMERICAN   BALLOT  LAWS,    l888-[9IO  I9I 

at  the  polling  places,  on  election  day  (Code  §  I22h,  1221; 
Laws  1894  ch.746  §  II,  12,  1896  ch.700  §  13,  14,  1900  ch.877 
§  I,  1904  ex.  sess.  ch.587  §  i  p.930-3i)- 

2  Blanket  (Code  §  122;  Laws  1894  ch.746  §  3,  1896  ch.7cx)  §  4, 

1904  ex.  sess.  ch.587  §  i  p.927). 

3  OiHce  group;  names  of  candidates  arranged  under  the  title  of 

each  office  "  in  due  and  orderly  succession,"  no  special  method 
of  arrangement  provided.  Nothing  as  to  the  order  of  the 
several  offices.  Ballot  to  contain  ''  no  distinguishing  mark  or 
symbol  " ;  this  is  interpreted  as  preventing  the  names  of  parties 
from  being  printed.  (Code  §  122b;  Laws  1894  ch.746  §  5, 
1896  ch.700  §  6,  1904  ex.  sess.  ch.587  §  i  p.927). 

4  No  special  provision  for  voting  a  straight  party  ticket. 

5  No  special  provision  for  blank  spaces  for  writing  in  names. 

6  No  limitation  as  to  the  number  of  times  a  candidate's  name  may 

appear  on  the  ballot. 

7  No  detachable  stubs  or  system  of  numbering  or  initialing  the 

ballots,  but  the  name  of  each  voter  is  checked  off  on  the 
registration  book,  and  numbered,  as  he  deposits  his  ballot 
(Code  §  125;  Laws  1872  ch.364,  1890  ch.236  §  i,  1904  ex. 
sess.  ch.ii  §  I,  ch.587  §  I  p.933).  On  the  back  of  each  ballot 
is  also  affixed  the  seal  of  the  electoral  board  which  has  had 
the  ballots  printed.  This  is  done  by  said  board  before  the 
ballots  are  distributed  to  the  several  polling  places.     (Code 

§    I22d,    I22h). 

8  No  provision  for  any  printed  indorsement  on  the  back,  or  out- 

side, of  the  ballot. 

9  No  provision  for  separate  ballots  for  any  local  or  other  officers 

voted    for    at    general    elections.      No    provision    in    regard 
to  the  form  of  ballot  to  be  used  in  voting  on  constitutional 
amendments  and  other  questions  submitted. 
10  No  provision  for  the  printing,  distribution  or  posting  of  sample 
ballots. 

Rules  for  marking 

The  voter  is  to  draw  a  line  through  the  name  of  every  candidate 
for  whom  he  does  not  wish  to  vote,  leaving  the  names  of  all  candi- 
dates for  whom  he  does  wish  to  vote  unscratched.  No  name  is  to 
be  considered  scratched  unless  the  mark  extends  through  three- 
fourths  of  the  length  of  said  name.  The  voter  may  also  erase 
the  name  of  any  candidate  and  substitute  in  writing  the  name  of 
any  other  person  for  whom  he  wishes  to  vote  for  the  office  in 


192  NEW    YORK    STATE    LIBRARY 

question.     No  voting  squares  opposite  the  names  of  the  candidates 
are  provided  for.     (Code  §  I22h;  cf.  also  Const,  art.2  §  28). 

WASHINGTON 
Constitutional  provisions 

"All  elections  shall  be  by  ballot.  The  legislature  shall  provide 
for  such  method  of  voting  as  shall  secure  to  every  elector  absolute 
secrecy  in  preparing  and  depositing  his  ballot."  (Const.  1889  art. 
6  §  6). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

By  certificate  of  nomination  signed  by 

1  The  canvassing  boards  of  a  direct  primary  election  of  any  politi- 

cal party  which  at  the  last  preceding  general  or  city  election 
cast  for  any  of  its  nominees  lofc  of  the  total  vote  cast  in  the 
state  or  in  the  subdivision  thereof  for  which  the  nomination 
is  made     (C.  &  S.  §  4809,  4828;  Laws  1907  ch.209  §  6,  24). 

2  (In  the  case  of  parties  which  at  the  last  general  or  city  election 

failed  to  poll  for  any  of  their  nominees  as  much  as  10^  of 
the  total  vote  cast,  and  of  offices  to  which  the  direct  primary 
law  of  1909  does  not  apply)  the  presiding  officer  and  secre- 
tary of  a  nominating  convention,  or  one  of  the  judges  and 
the  clerk  of  a  primary  meeting  (C.  &  S.  §  4794-95,  4830, 
4842;  Laws  1890  p.400  §  2-3,  1907  ch.209  §  26,  38,  1909 
ch.82  §   II). 

3  Electors,  residing  within  the  district  for  which  the  nomination 

is  made,  to  the  number  of 

(a)  for  an  office  to  be  filled  by  the  voters  of  the  whole  state, 

1000 

(b)  for  an  office  to  be  filled  by  the  voters  of  a  county,  dis- 

trict or  other  division  less  than  the  entire  state,  300 

(c)  for  an  office  to  be  filled  by  the  voters  of  a  township, 

precinct  or  ward,  25 
(Laws  1890  p.401  §  5  as  amended  by  1895  ch.156  §  3).^ 

lit  is  not  altogether  clear  whether  these  provisions  for  independent  nominations  by  pe- 
tition were  or  were  not  repealed,  as  to  oflElces  other  than  those  of  judges  of  the  supreme 
court  and  the  superior  court,  by  the  direct  primary  law  of  1907.  As  to  the  judicial  offices 
above  mentioned  it  was  held  in  the  case  of  btate  ex  rel.  Zent  vs.  Nichols  (50  Wash.  508  , 
52  s)  that  the  earlier  provisions  as  to  nominations  by  petition  were  so  repealed.  Mr  Arthur 
Remington,  the  reporter  of  the  supreme  court,  has  omitted  them  entirely  from  the  1910 
edition  of  Remington  and  Ballinger's  Codes  and  Statutes  of  Washington.  It  is  probable 
that  they  have  been  repealed  as  to  all  offices  (Cf.  C.  &  S.  §  4805)  but  as  this  is  not  abso- 
lutely clear  it  has  been  thought  best  to  include  them  here  with  this  explanation. 


AMERICAN    BALLOT   LAWS,    iSScS-iyiO  I93 

Filed  with  the  secretary  of  state,  the  clerks  of  the  boards  of 
county  commissioners,  or  the  clerks  of  municipal  corporations  (C 
&  ^-  §  4796;  Laws  1890  p.401  §  4). 

Form  of  ballot 

1  OiTicial;  prepared  and  distributed  by  the  clerks  of  the  several 

boards  of  county  commissioners,  or  by  the  clerks  of  munici- 
pal corporations,  at  public  expense  (C.  &  S.  §  4888,  4891- 
92;  Laws  1905  ch.39  §  I,  1890  p.400  §  I,  p.405-6  §  15-16, 
1895  ch.156  §  6)  ;  obtainable  by  voters  only  from  the  elec- 
tion officers,  at  the  polling  places  and  on  election  day  (C.  & 
iS.  §  4898,  4909;  Laws  1895  ch.156  §  7,  1890  p.412  §  33). 

2  Blanket  (C.  &  S.  §  4893;  Laws   1890  p.406  §   17,   1891   ch.io6 

§  I,  1895  ch.156  §  4,  1901  ch.89  §  i). 

3  Party  column;  no  emblems;  order  of  columns  is,  first,  Republi- 

can; second.  Democratic;  other  parties  in  the  order  in  which 
the    certificates    of    nomination    have   been   filed     (C.    &    S. 

§  4893). 

4  Special   circles   for  voting  a   straight  party  ticket     (C.   &   S. 

§  4893). 

5  Blank  spaces  for  writing  in  names  are  referred  to  in  the  rules 

for  marking,  but  not  expressly  provided  for  elsewhere. 

6  No  candidate's  name  is  to  appear  more  than  once  upon  the  ballot, 

but  any  candidate  nominated  by  two  or  more  parties  may 
choose  under  which  column  his  name  shall  appear     (C.  &  S. 

§  4893). 

7  Detachable  stubs  on  the  left-hand  edge  of  the  ballots,  numbered 

consecutively.  The  number  of  each  ballot  is  entered  on  the 
registration-book  (or  the  poll-book)  opposite  the  voter's  name 
when  the  ballot  is  delivered  to  the  voter,  and  when  the  ballot 
is  returned  by  the  voter  the  number  on  the  stub  is  compared 
with  that  opposite  his  name,  the  stub  is  detached  and  destroyed, 
and  the  ballot  deposited.  (C.  &  S.  §  4893,  also  §  4898-99; 
Laws  1895  ch.156  §  7-8). 

8  No  provision  for  any  printed  indorsement  on  the  back,  or  out- 

side, of  the  ballot. 

9  There  is  a  separate  non-partisan  judiciary  ballot  for  judges  of 

the  superior  courts  of  the  several  counties.  This  ballot  is  of 
the  office  group  form  without  party  designation,  and  contains 
only  the  names  of  the  two  candidates  for  each  judgeship  who 
have  received  the  largest  number  of  votes  at  a  non-partisan 
primary  election.     (C.  &:  S.  §  4842;  Laws  1907  ch.209  §  38, 


194  NEW    YORK    STATE    LIBRARY 

1909  ch.82  §  II).  No  Other  separate  ballots  are  provided  for, 
except  for  separate  local  elections.  Constitutional  amend- 
ments, and  other  questions  submitted,  are  printed,  by  very 
brief  titles,  on  the  general  ballot  above  the  lists  of  candidates. 
Local  and  municipal  questions  printed  on  separate  ballots. 
(C.  &  S.  §  4893;  also  Laws  1895  ch.156  §  4,  1901  ch.89  §  i). 
10  No  provision  for  the  printing,  distribution  or  posting  of  sample 
ballots. 

Rules  for  marking 

For  a  straight  ticket  vote  the  voter  is  to  put  a  (X)  mark  in  the 
circle  under  the  name  of  his  party.  If  he  wishes  to  vote  also  for 
candidates  of  any  other  party,  he  is  to  put  a  (X)  mark  in  the 
voting  square  after  each  name;  but  where  there  are  two  or  more 
persons  to  be  elected  to  any  one  office,  and  the  voter  wishes  to 
vote  for  one  or  more  candidates  of  his  own  party  and  one  or  more 
candidates  of  other  parties,  he  must  put  a  (X)  mark  after  the 
name  of  every  candidate  for  such  office  for  whom  he  wishes  to 
vote.  He  may  also  omit  to  mark  any  party  circle,  and  mark  only 
the  individual  names.  In  the  case  of  a  constitutional  amendment 
or  other  question  submitted,  he  is  to  put  a  (X)  mark  after  the 
answer  which  he  desires  to  give.  He  may  also  write  or  paste  on 
the  ballot  the  name  of  any  person  for  whom  he  desires  to  vote, 
and  may  take  into  the  polling  place  with  him  any  printed  or  written 
memorandum  or  paper  to  assist  him  in  marking  his  ballot.  (C.  & 
S.  §  4899;  Laws  1895  ch.156  §  8,  1905  ch.39  §  i). 

WEST  VIRGINIA 
Constitutional  provisions 

''  In  all  elections  by  the  people,  the  mode  of  voting  shall  be  by 
ballot ;  but  the  voter  shall  be  left  free  to  vote  by  either  open,  sealed 
or  secret  ballot,  as  he  may  elect"     (Const.  1872  art.4  §  2). 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

By  certificate  of  nomination,  signed  by 

I  The  presiding  officer  and  secretary  of  a  nominating  convention 
of  any  political  party  which  at  the  last  preceding  general 
election  polled  at  least  3;^  of  the  total  vote  of  the  state  or  of 
any  subdivision  thereof,  or  which  has  had  nominations  on  the 
official  ballot  of  the  state  or  of  any  subdivision  thereof  for 
the  last  preceding  ten  years  (Code  §  31,  33-34;  Acts  1891 
ch.89  §  18,  20,  21,  1901  ch.6i). 


AMERICAN   BALLOT  LAWS,    t888-TQIO  I95 

2  (In  the  case  of  a  primary  election)  by  the  chairman  and  secre- 

tary of  the  executive  committee  of  any  political  party  which 
at  the  last  preceding  general  election  polled  at  least  3^  of 
tRe  total  vote  in  the  state  or  any  subdivision  thereof,  for  the 
district  for  which  the  nomination  is  made  (Code  §  32,  33, 
35;  Acts  1891  ch.89  §  19,  20,  22). 

3  Voters,  resident  within  the  state  or  the  political  division  for 

which  the  nomination  is  made,  to  the  number  of  i^  of  the 
'entire  vote  cast  at  the  last  preceding  election,  in  the  state 
or  in  such  political  division  thereof;  but  the  number  of  signa- 
tures required  shall  not  be  more  than  1000  nor  less  than  50 
(Code  §  37;  Acts  1891  ch.89  §  24). 
Filed  with  the  clerks  of  the  circuit  courts  of  the  several  counties 
of  the  state  (Code  §  38;  Acts  1891  ch.89  §  25). 

''  In  case  it  shall  appear  to  the  clerk  of  the  circuit  court  of 
any  county  by  satisfactory  evidence  that  nominations  have 
been  made  in  conformity  with  the  provisions  of  this  chapter, 
and  no  certificate  thereof  has  been  received  by  him,  he  shall 
include  such  nominations  among  the  names  of  candidates  to 
be  printed  upon  the  ballots  ..."  (Code  §  40;  Acts  1891 
ch.89  %  2y). 

Form  of  ballot 

1  Official;  printed  and  distributed  by  the  board  of  ballot  commis- 

sioners of  each  county,  or  by  the  municipal  clerk  (or  recorder) 
in  the  case  of  a  municipal  election,  at  public  expense  (Code 
§  52,  56,  106;  Acts  1891  ch.89  §  33,  37,  87;  also  Code  §  104; 
Acts  1891  ch.89,  1893  ch.25,  1895  ch.29)  ;  obtainable  by 
voters  only  from  the  election  officers  at  the  polling  places  and 
on  election  day     (Code  §  75,  98;  Acts  1891  ch.89  §  56,  79). 

2  Blanket     (Code  and  Supp.  §  53;  Acts  1891  ch.  89  §  34,  1893 

ch.25,  1907  ch.71,  1908  ch.2i). 

3  Parly  column;  emblems;  columns  and  officers  arranged  in  such 

order  as  the  secretary  of  state  shall  direct,  preference,  how- 
ever, being  given  to  the  party  which  cast  the  largest  vote  for 
the  head  of  the  ticket  at  the  last  preceding  presidential  elec- 
tion, and  so  on.  Addresses  of  candidates  printed  with  their 
names.     (Code  and  Supp.  §  53). 

4  Special  circles  for  voting  a  straight  party  ticket     (Code  and 

Supp.  §  53)- 

5  No  express  provision  for  blank  spaces;  merely  referred  to  in 

rules  for  marking. 

.7  .  . 


196  NEW   YORK   STATE   LIBRARY 

6  No  limitation  as  to  the  number  of  times  a  candidate's  name  may- 

appear  on  the  ballot. 

7  No  detachable  stubs  or  system  of  numbering  the  ballots.     Each 

poll-clerk  must  write  his  name  on  the  back  of  each*  ballot 
before  delivering  the  same  to  a  voter,  and  the  ballot  when 
returned,  must  be  so  folded  as  to  show  these  signatures.  As 
each  voter  votes  his  name  is  entered  in  the  poll-books,  and 
all  the  names  are  numbered  in  the  order  of  voting.  (Code 
§  55,  "je-,  Acts  1891  ch.89  §  36,  57). 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words 

*'  official  ballot,"  followed  by  the  date  of  the  election.  Under 
this  are  printed  two  black  lines  for  the  signatures  of  the  poll- 
clerks  above  mentioned,  and  the  words  "poll-clerks."  (Code 
and  Supp-.  §  53). 

9  No  provision  for  separate  ballots  for  any  local,  or  other  officers 

voted  for  at  general  elections.  No  provisions  as  to  the 
form  of  ballot  to  be  used  in  voting  on  constitutional  amend- 
ments or  other  questions  submitted. 
10  Sample  ballots  to  be  printed  on  different  colored  paper  from 
the  official  ballots;  ten  to  be  furnished  to  each  polling  place 
and  posted  with  cards  of  instruction  (Code  §  63;  Acts  1891 
ch.89  §  44). 

Rules  for  marking 

To  vote  a  straight  party  ticket  the  voter  must  (a)  put  a  cross 
mark  in  one  of  the  party  circles;  (b)  put  a  cross  mark  in  the  voting 
square  opposite  the  name  of  each  candidate  of  the  party;  (c)  erase 
with  lines  all  other  tickets  than  the  one  to  be  voted.  To  vote  a  split 
ticket,  the  voter  must  (a)  leave  party  circles  unmarked  and  put  a 
cross  mark  in  the  voting  square  opposite  the  name  of  each  candi- 
date to  be  voted  for;  (b)  put  a  cross  mark  in  one  of  the  party 
circles  and  other  cross  marks  opposite  the  names  of  the  candidates 
of  other  parties  to  be  voted  for;  (c)  put  a  cross  mark  in  one  of  the 
party  circles  and  write  in  names  of  any  persons  to  be  voted  for  for 
any  offices  below  the  names  of  the  party  candidates  for  such  offices. 
The  voter  may  also  write  in  "  in  the  proper  place  "  any  name  not 
printed  on  the  ballot.     (Code  and  Supp.  §  53). 

WISCONSIN 
Constitutional  provisions 

"All  votes  shall  be  given  by  ballot,  except  for  such  township 
officers  as  may  by  law  be  directed,  or  allowed  to  be  otherwise 
chosen"     (Const.  1848  art.3  §  3). 


'  AMERICAN   BALLOT  LAWS,    1888-I9IO  I97 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

I  On  canvass  of  the  results  of  direct  primary  elections  by  precinct, 
county,  city  and  state  boards  of  canvassers,  filed  with  city 
and  county  clerks  and  with  the  secretary  of  state,  and  on 
certification  by  the  secretary  of  state  to  the  several  county 
clerks  of  the  names  of  the  candidates  nominated.  (But  if 
any  candidate  has  fewer  votes  than  would  be  necessary  to 
nominate  him  by  "  nomination  papers,"  such  "  nomination 
papers,"  signed  by  the  requisite  number  of  voters,  must  be 
filed  before  his  name  may  be  printed  on  the  ballot.)  (S.  and 
Supp.  §  II  subd.  16-20;  (Laws  1903  ch.451,  1905  ch.359), 
as  amended  by  1907  ch.666  §  2). 

2  By  nomination  papers  signed  by  voters  to  the  number  of 

(a)  for  an  office  voted  for  throughout  the  state,  1000 

(b)  for  an  office  voted  for  in  a  county,  district  or  other  di- 

vision less  than  the  state,  not  less  than  y^  of  i^  of  the 
whole  number  of  votes  cast  therein  at  the  last  gen- 
eral election,  and  in  no  case  less  than  15 

(c)  for  a  ward  office,  in  a  ward  containing  less  than   150 

votes,  10 

(d)  for  a  ward  office,  in  a  ward  containing  more  than  150 

votes,  20 
(S.   and   Supp.    §  30;   Laws    1891    ch.379   §   3,    1893  ch.288 
§  20,  1897  ch.123,  1899  ch.351  §  2). 
Filed  with  the  secretary  of  state,  or  with  a  city  or  county  clerk 
(S.  §  32;  Laws  1891  ch.379  §  4,  1893  ch.288  §  22). 

Form  of  ballot 

1  Official;  printed  and  distributed  by  county  or  city  clerks  at  pub- 

lic expense  (S.  and  Supp.  §  41  (as  amended  by  Laws  1907 
ch.308),  42,  44;  Laws  1891  ch.379  §  i5»  16,  18,  1893  ch.288 
§  31-33.  34,  1897  ch.337  §  4-5)  ;  obtainable  by  voters  only 
from  the  election  officers,  at  the  polling  places  and  on  election 
day  (S.  §  50,  4544d;  Laws  1891  ch.379  §  22,  1893  ch.288 
§  41,  123). 

2  Blanket   (S.  and  Supp.   §  38;   (Laws   1891  ch.379  §   13,   1893 

ch.288  §  2^,  1895  ch.333  §  5,  7,  1897  ch.348  §  2,  1899  ch.349, 
ch.351  §  4,  1901  ch.457  §  3),  as  amended  by  1907  ch.583  §  2, 
1909  ch.483). 

3  Party  column ;  no  emblems ;  the  columns  are  arranged  in  alpha- 

betical order  according  to  the  names  of  the  parties,  but  "  inde- 


198  NEW  YORK  STATE  LIBRARY 

pendent  nomination  "  columns  are  always  at  the  right  of  the 
ballot.  In  these  columns  the  names  of  the  independent  candi- 
dates for  each  office  are  to  be  rotated  in  such  a  way  that 
each  name  will  occupy  each  position  on  the  same  number  of 
ballots  as  each  other  name,     (same  reference). 

4  Special  circles  for  voting  a  straight  party  ticket  (same  refer- 

ence). 

5  Blank  spaces  after  the  names  of  candidates  for  writing  in  other 

names  (same  reference). 

6  No  candidate's  name  is  to  be  printed  on  the  ballot  in  more  than 

one  column.  If  any  candidate  is  nominated  by  two  or  more 
parties,  his  name  is  to  be  printed  in  the  column  of  the  party 
which  first  nominated  him.  If  two  or  more  parties  have 
nominated  him  at  the  same  time,  he  may  choose  in  which 
column  his  name  shall  be  printed,  but  if  he  fails  to  do  so,  the 
officer  with  whom  his  certificates  of  nomination  were  filed  is 
to  decide.  No  candidate's  name  shall  be  printed  under  the 
head  of  *'  independent  nominations  "  if  he  already  appears 
on  the  ballot  as  the  nominee  of  a  political  party,  (same 
reference). 

7  No  provision  for  detachable  stubs,  or  for  any  system  of  num- 

bering the  ballots.  The  ballot-clerks  write  their  names  or 
initials  on  the  back  of  each  ballot  before  delivering  it  to  a 
voter.     (S.  §  50;  Laws  1891  ch.  379  §  2^,  1893  ch.288  §  41). 

8  On  the  back,  or  outside,  of  the  ballot  are  printed  the  words 

"official  ballot  for,"  followed  by  the  designation  of  the  poll- 
ing place,  the  date  of  the  election,  spaces  for  the  signatures  of 
the  ballot-clerks,  and  spaces  where  an  election  officer  must 
certify  by  his  signature  if  he  has  assisted  a  blind  voter  or 
one  incapable  of  marking  his  ballot  (same  reference  as  for 
subdivision  2  above). 

9  Separate  ballots  for  municipal,  judicial  and  school  elections,  all 

of  which  are  held  in  April.  For  the  ballots  used  at  such  elec- 
tions, it  is  provided  that  '*  no  party  designations  need  be 
placed  on  the  ballots  for  any  school  or  judicial  officer,  except 
where  party  nominations  have  been  made."  The  names  of 
all  non-partisan  candidates  are  to  be  rotated  on  the  separate 
municipal,  judicial  and  school  election  ballots  in  the  same 
way  as  on  the  general  election  ballot.  In  city  elections  in  cities 
which  have  adopted  chapter  670  of  the  Laws  of  1907,  the 
ballots  are  of  the  ''  office  group  "  form,  but  without  any  party 


AMERICAN   BALLOT  LAWS,    1888-I9IO  I99 

designations.  If  a  preliminary  non-partisan  election  has  been 
held  on  petition  of  ^^  of  the  city  vote  for  governor  at  the  last 
election,  then  the  ballots  for  the  final  election  are  to  contain 
only  the  names  of  the  two  candidates  for  each  office  who  re- 
ceived the  largest  number  of  votes  at  such  preliminary  election. 
Except  in  the  above  mentioned  cities,  municipal  and  judicial 
ballots  are  similar  in  form  to  the  ballots  for  general  elections, 
(same  reference,  and  Laws  1907  ch.670).  Constitutional 
amendments  and  other  questions  printed  on  the  general  ballot, 
a  "  concise  statement  of  the  nature  "  of  each  question  being 
given  (same  reference). 
10  Sample  ballots,  on  colored  paper,  but  in  the  same  form  as  official 
ballots,  printed  and  distributed  to  chairmen  of  political  com- 
mittees on  application  (S.  §  42;  Laws  1891  ch.  379  §  6,  1893 
ch.288  §  32,  i8q7  ch.337  §  5). 

Rules  for  marking 

If  the  voter  wishes  to  vote  a  straight  party  ticket  he  is  to  place 
a  cross  or  other  mark  in  one  of  the  party  circles.  If  he  wishes  to 
vote  a  split  ticket  he  is  to  place  a  cross  or  other  mark  in  the  square 
at  the  right  of  the  name  of  each  candidate  for  whom  he  wishes  to 
vote,  or  to  write  in  the  name  of  any  person  in  one  of  the  blank 
spaces  provided.  All  the  presidential  electors  of  any  one  party 
may  be  voted  for  by  a  single  mark  in  the  square  at  the  right  of 
the  names  of  the  party  candidates  for  president  and  vice-president, 
(same  reference  as  subdivision  2  of  last  division). 

WYOMING 

Constitutional  provisions 

"All  elections  shall  be  by  ballot.  The  legislature  shall  provide 
by  law  that  the  names  of  all  candidates  for  the  same  office,  to  be 
voted  for  at  any  election,  shall  be  printed  on  the  same  ballot,  at 
public  expense,  and  on  election  day  be  delivered  to  the  voters 
within  the  polling  place  by  sworn  public  officials,  and  only  such 
ballots  so  delivered  shall  be  received  and  counted.  But  no  voter 
shall  be  deprived  of  the  privilege  of  writing  upon  the  ballot  used 
the  name  of  any  other  candidate.  All  voters  shall  be  guaranteed 
absolute  privacy  in  the  preparation  of  their  ballots,  and  the  secrecy 
of  the  ballot  shall  be  made  compulsory.     (Const.  1889  art.6  §  11). 


200  NEW  YORK  STATE  LIBRARY 

Procedure  by  which  names  of  candidates  are  placed  on  the  ballot 

By  certificate  of  nomination^  signed  by 

1  The  chairman  and  secretary  of  a  convention  or  primary  meeting 

representing  a  political  party  (R.  S.  §  219,  226-2^;  Laws 
1890  ch.8o  §  84-85,   1897  ch.53  §   12). 

2  Electors  residing  within  the  district  for  which  the  nomination 

is  to  be  made,  to  the  number  of 

(a)  for  an  office  to  be  filled  by  the  voters  of  the  entire  state, 

or  any  subdivision  thereof  larger  than  a  county,  2CX) 

(b)  for  an  office  to  be  filled  by  the  voters  of  a  county,  25 

(c)  for  an  office  to  be  filled  by  the  voters  of  any  subdivision 

or  district  less  than  a  county,  10 
(R.  S.  §  228;  Laws  1897  ch.53  §  13). 
Filed  with  the  secretary  of  state,  a  county  clerk  ov  the  clerk 
of  a  municipal  corporation  (R.  S.  §  232;  Laws  1890  ch.8o  §  87, 
also  1901  ch.69  §  4). 

Form  of  ballot 

1  OiHcial;  printed  and  distributed  by  the  clerks  of  the  several 

counties,  or  the  clerks  of  municipal  corporations,  at  public  ex- 
pense (R.  S.  §  286-87,  290,  292;  Laws  1890  ch.8o  §  82-83, 
102,  no;  obtainable  by  the  voters  only  from  the  election 
officers,  at  the  polls,  on  election  day  (R.  S.  §  319  (subd.  17- 
18),  334,  336;  Laws  1890  ch.8o  §  119,  174,  1907  ch.54  §  i. 
Cf.  also  Const,  art.6  §11). 

2  Blanket.     (R.  S.  §  289;  Laws   1897   ch.53  §  17  as  amended  by 

1905  ch.2i  §  I.     Cf.  also  Const,  art.6  §11). 

3  Party  column;  no  emblems;  the  several  party  columns  are  ar- 

ranged in  each  county  according  to  the  size  of  the  votes  of 
the  several  parties  for  congressman  at  the  last  election,  but 
independent  nominations  are  always  placed  in  one  or  more 
separate  columns  at  the  right  of  the  ballot,  after  the  party  col- 
umns, each  candidate's  name  being  followed  by  his  political 
designation.  A  separate  column  at  the  extreme  left  in  which 
the  titles  of  the  offices  are  printed,  and  not  elsewhere.  Order 
of  offices  prescribed  in  law  itself.     (R.  S.  §  289). 

4  Special  squares  for  voting  a  straight  party  ticket  (R.  S.  §  289). 

5  Blank  spaces  under-  the  names  of   the  several  candidates,   for 

writing  in  names  (R.  S.  §  289). 

6  No  candidate's  name  to  be  printed  more  than  once  on  the  ballot. 

If  any  candidate  is  nominated  by  two  or  more  parties  for  the 


AMERICAN   BALLOT  LAWS,    18P.8-I9IO  201 

same  office,  he  may  choose  in  which  column  his  name  shall  be 
placed,  but  if  he  fails  to  do  so  his  name  is  to  be  printed  only 
in  the  column  of  the  party  which  first  nominated  him. 
(R.  S.  §  289,  also  §  229;  Laws  1890  ch.8o  §  89,  1897  ch.53 
§  16). 

7  No  provision  for  detachable  stubs  or  for  any  system  of  num- 

bering the  ballots,  but  one  of  the  judges  writes  his  name  or 
initials  on  each  ballot  before  delivering  it  to  a  voter  (R.  S. 
§  336;  Laws  1890  ch.8o  §  119). 

8  On  the  back,  or  outside,  of  the  ballot  are  stamped  by  the  judges 

with  an  official  stamp,  before  the  delivery  of  the  ballots  to  the 
voters,  the  words  "  official  ballot,"  the  name  and  number  of 
the  voting  precinct,  the  name  of  the  county  or  city,  etc.,  the 
date  of  the  election,  arid  the  name  and  title  of  the  clerk  fur- 
nishing the  ballots  (R.  S.  §  290,  336). 

9  No  provision  for  separate  ballots  for  local,  or  other  officers  voted 

for  at  general  elections  (R.  S.  §  289;  Laws  1901  ch.69 
§  44).  Constitutional  amendments  and  other  questions 
printed  on  the  general  ballot,  below  the  list  of  candidates, 
merely  by  reference  numbers.  Separate  ballots  for  local  and 
municipal  questions.  (R.  S.  §  289,  also  §  288,  2700-4;  Laws 
1890  ch.8o  §  105,  1895  ch.49  §  2-6). 
10  Sample  ballots  on  red,  yellow  or  blue  paper,  and  marked  at  the 
top  "  sample  ballot,"  may  be  prepared  and  used  by  any  one. 
Three  sample  ballots,  officially  provided,  but  without  official 
stamp,  to  be  posted  in  each  polling  place.  (R.  S.  §  318,  also 
§  338;  Laws  1890  ch.8o  §  117). 

Rules  for  marking 

To  vote  a  straight  party  ticket,  the  voter  is  to  make  a  cross  in 
one  of  the  party  squares.  To  vote  a  split  ticket,  he  is  to  make  a 
cross  in  one  of  the  party  squares,  erase  one  or  more  names  in  the 
corresponding  party  column,  and  make  crosses  in  the  individual 
voting  squares  opposite  the  names  of  candidates  for  the  same  offi- 
ces in  other  columns,  or  write  the  names  of  candidates  for  such  offi- 
ces in  the  blank  spaces  under  the  names  erased.  He  may  thus 
write  in  any  names,  whether  they  are  printed  on  the  ballot  or  not, 
and  may  make  use  of  any  memorandum  (except  a  copy  of  the 
official  ballot  without  the  words  "  sample  ballot ")  to  assist  him  in 
marking  his  ballot.  (R.  S.  §  289,  321,  338;  Laws  1890  ch.Bo  §  103, 
1897  ch.53  §  19.     Cf.  also  Const,  art.6  §11). 


Part  3  a 


DIGEST  OF  CONSTITUTIONAL  AND  STATUTORY  PRO- 
V-ISIONS  IN  REGARD  TO  THE  USE  OF  VOTING 
MACHINES 

ALABAMA.     No  provision. 

ARIZONA.     No  provision. 

ARKANSAS.     No  provisioH. 

CALIFORNIA.'  ''All  elections  by  the  people  shall  be  by  ballot 
or  by  such  other  method  as  may  be  prescribed  by  law:  Provided, 
that  secrecy  in  voting  be  preserved"  (Const.  1879  2.rt.2  §  5,  as 
amended  Nov.  3,  1896).  ''The  inhibitions  of  this  constitution  to 
the  contrary  notwithstanding  the  legislature  shall  have  power  to 
provide  that  in  different  parts  of  the  state  different  methods  may 
be  employed  for  receiving  and  registering  the  will  of  the  people  as 
expressed  at  elections,  and  may  provide  that  mechanical  devices 
may  be  used  within  designated  subdivisions  of  the  state  at  the 
option  of  the  local  authority  indicated  by  the  legislature  for  that 
purpose"  (Const.  1879  art.2  §  6,  as  amended  November,  1902). 
Voting  machines,  of  any  type  approved  by  the  state  voting  ma- 
chine commission  and  complying  with  statutory  requirements,  may 
be  adopted  by  the  board  of  supervisors,  or  other  board  having 
charge  and  control  of  elections,  in  any  county,  city  and  county, 
city  or  town  of  the  state,  for  use  at  all  elections  ('97  ch.167;  '03 
ch.226;  '07  ch.342,  343). 

COLORADO.  "All  elections  by  the  people  shall  be  by  ballot  .  .  . 
Nothing  in  this  section,  however,  shall  be  construed  to  prevent  the 
use  of  any  machine  or  mechanical  contrivance  for  the  purpose  of 
receiving  and  registering  the  vote  cast  at  any  election,  provided 
that  secrecy  in  voting  be  preserved"  (Const.  1876  art.7  §  8,  as 
amended  Nov.  6,  1906).  Voting  machines,  of  any  type  approved 
by  the  state  board  of  voting  machine  commissioners  and  complying 
with  the  requirements  of  the  act  itself  may  be  adopted,  for  use  at  all 
elections,  by  the  governing  body  of  any  county,  city,  city  and  county, 
town  or  other  political  division  (R.  S.  §  2337-^60;  '05  ch.ioi). 

CONNECTICUT.     '^  Voting  machines   or  other  mechanical   devices 
for  voting  may  be  used  in  all  elections  in  this  state  under  such 
regulations  as  may  be  prescribed  by  law :    Provided,  however,  that 
the  right  of  secret  voting  shall  be  preserved"     (Const.  1818  art.33 

20a 


AMERICAN  BALLOT  LAWS,    1888-I9IO  2O3 

of  the  amendments,  adopted  October,  1905).  Voting  machines, 
of  a  type  approved  by  the  state  board  of  voting  machine  commis- 
sioners, and  complying  with  statutory  requirements,  may  be  adopted 
by  towns,  cities  or  boroughs,  for  use  at  elections  of  town,  city  or 
borough  officers,  but  at  no  other  elections  ('01  ch.120,  as  amended 
by  '03  ch.207;  '09  ch.262). 

DELAWARE.       No  prOvisiOH. 

FLORIDA.     No  provision. 

GEORGIA.     No  provision. 

IDAHO.     No  provision. 

ILLINOIS.  Voting  machines,  of  any  type  approved  by  the  state 
board  of  voting  machine  commissioners  and  complying  with  the 
detailed  requirements  of  the  law  itself  may  be  adopted  by  the 
voters  of  any  city,  village,  incorporated  town,  county,  precinct, 
election  district,  or  other  civil  division  of  the  state  (for  use  in  any 
election  precinct  thereof  at  any  election)  by  majority  vote  of  the 
qualified  voters  voting  at  a  special  election  called  by  the  officer  or 
board  charged  with  providing  election  supplies,  or  by  petition  of 
10^  of  the  voters  of  such  city,  village,  etc.     (R.  S.  ch.46  §  430;  '03 

p.178). 

INDIANA.  Voting  machines  may  be  adopted  by  the  board  of 
commissioners  of  any  county,  for  use  in  any  or  all  precincts  at 
any  or  all  elections,  provided  (i)  that  the  seller  of  the  machine 
guarantees  to  keep  it  in  working  order  for  not  less  than  five  years 
without  cost  to  the  county  and  gives  bond  to  that  effect;  (2)  that 
it  is  a  type  of  machine  approved  by  the  state  voting  machine  com- 
mission; (3)  that  it  complies  with  certain  specific  requirements 
laid  down  in  the  act  itself.  The  use  of  voting  machines  is  manda- 
tory in  counties  having  a  population  of  over  36,000  (R.  S. 
§  7021-48;  bi  p.591,  as  amended  by  '03  p.278). 

IOWA.  Voting  machines,  of  any  type  approved  by  the  state 
board  of  voting  machine  commissioners  and  complying  with  the  re- 
quirements of  the  law,  may  be  adopted  by  the  board  of  supervisors 
of  a  county,  or  the  council  of  any  incorporated  city  or  town,  for 
use  at  all  elections  (Code  Supp.  §  1137  subd.a7-a27;  '00  ch.37). 

KANSAS.  Voting  machines  may  be  adopted  by  the  board  of 
county  commissioners  of  any  county,  or  the  mayor  and  council  of 
any  city,  or  the  township  board  of  any  township,  for  use  at  all 
elections.  No  state  voting  machine  commission  or  board  is  pro- 
vided for,  but  numerous  requirements  with  which  all  machines 
must  comply  are  prescribed  in  the  act  itself.  (D.  G.  S.  1909  ch.36 
art.15;  '01  ch.184). 


^04  NEW  YORK  STATE  LIBRARY 

KENTUCKY.     No  provisioii. 

LOUISIANA.     No  provision. 

MAINE.  Voting  machines  of  any  type  approved  by  the  secre- 
tary of  state,  attorney  general,  and  one  member  of  the  governor's 
council  designated  by  the  governor  and  complying  with  the  law 
itself,  may  be  adopted  by  the  governing  body  of  any  town  for  use 
at  presidential  and  state  elections  held  therein  (R.  S.  1903  ch.6 
§  45-48;  '01  ch.169  §  1-4). 

MARYLAND.       No  provisiou. 

MASSACHUSETTS.  Prior  to  1907  voting  machines  could  be  adopted 
by  the  board  of  aldermen  of  any  city,  or  the  selectmen  of  any 
town,  for  use  at  all  elections,  if  of  a  type  approved  by  the  state 
board  of  voting  machine  examiners  ('07  ch.560  §  223-28).  In  that 
year  their  use  was  declared  unconstitutional  by  the  supreme  judicial 
court  (Nichols  v.  Board  of  Elections,  etc.,  196  Mass.  410).  A 
constitutional  amendment,  however,  expressly  permitting  their  use 
was  passed  for  the  first  time  by  the  legislature  in  1909.  It  was 
repassed  in  1910,  but  as  the  resolution  contained  no  provision  for 
its  submission  to  popular  vote  it  has  not  yet  been  finally  acted  upon. 

MICHIGAN.  Voting  machines  —  provided  they  are  "  thoroughly 
tested  and  reliable "  and  comply  with  the  detailed  requirements 
of  the  law  —  may  be  adopted  by  the  board  of  supervisors  of  any 
county,  the  common  council  of  any  incorporated  city  or  village, 
or  the  township  board  of  any  township,  for  use  at  all  elections 
('07  no.287,  154;  '09  no.214,  302). 

MINNESOTA.  Voting  machines,  of  any  type  approved  by  the 
state  voting  machine  commission  and  complying  with  statutory 
requirements,  may  be  adopted  by  the  governing  body  of  any  city, 
village  or  town,  ''  for  use  in  any  or  all  districts  thereof  at  all  elec- 
tions "  (R.  L.  1905,  Supp.  1909,  ch.6  §  44-47). 

MISSISSIPPI.     No  provision. 

MISSOURI.     No  provision. 

MONTANA.  The  use  of  voting  machines  is  mandatory  for  coun- 
ties of  the  first  class  and  cities  of  the  second  class.  For  all  other 
counties  and  cities  their  use  is  optional;  they  may  be  adopted  by 
the  board  of  county  commissioners  or  by  the  city  or  town  council. 
In  all  cases  the  machines  adopted  must  comply  with  the  require- 
ments of  the  law  and  must  be  approved  by  the  state  board  of  vot- 
ing machine  commissioners.  (Code  §  609-11,  as  amended  by  '09 
ch.99). 


AMERICAN  BALLOT  LAWS,    1888-I9IO  20$ 

NEBRASKA.  Voting  machines,  of  any  type  approved  by  the  state 
board  of  voting  machine  commissioners  and  complying  with  the 
requirements  of  the  law  itself,  may  be  adopted,  for  use  at  all  elec- 
tions, by  the  county  commissioners  of  any  county,  the  city  council 
of  any  city  or  the  proper  officers  of  any  village  school  or  other 
district,  precinct  or  township  (C.  S.   1909  ch.26  §  3347-60). 

NEVADA.     No  provision. 

NEW  HAMPSHIRE.     No  provision. 

NEW  JERSEY.  Voting  machines,  of  any  type  complying  with 
the  law  and  approved  by  the  secretary  of  state,  may  be  purchased 
by  the  secretary  of  state,  and  assigned  by  him  to  any  election  dis- 
trict. Such  machines  may  also  be  purchased  by  the  governing 
body  of  any  county.  ('05  ch.215  §  i-io;  '07  ch.268;  '10  ch.284). 
In  any  election  district,  on  petition  of  at  least  25^  of  the  legal  vot- 
ers of  the  district,  the  governing  body  of  the  municipality  in  which 
such  district  is  situated  must  hold  a  special  election  to  determine 
whether  or  not  voting  machines  shall  continue  to  be  used  therein. 
If  the  vote  is  against  their  use,  they  shall  not  again  be  used  in  the 
district  except  on  written  request  of  a  majority  of  the  registered 
voters  of  the  district.  If  the  vote  is  in  favor  of  their  retention, 
the  question  shall  not  be  submitted  again  within  two  years.  ('08 
ch.163).  Under  this  act  a  vote  was  taken  Nov.  3,  1908,  in  215  out 
of  361  districts  in  which  machines  were  in  use,  and  in  211  of  these 
the  use  of  voting  machines  was  discontinued  (Report  of  sec.  of 
state,  Dec.  1908). 

NEW  MEXICO.     No  provision. 

NEW  YORK.  "All  elections  by  the  citizens,  except  for  such 
town  officers  as  may  by  law  be  directed  to  be  otherwise  chosen, 
shall  be  by  ballot,  or  by  such  other  method  as  may  be  prescribed 
by  law,  provided  that  secrecy  in  voting  be  preserved"  (Const. 
1894  art.2  §  5).  The  board  of  elections  of  New  York  city,  the  com- 
mon council  of  any  other  city,  the  town  board  of  any  town  or  the 
board  of  trustees  of  any  village  may  adopt  for  use  at  any  or  all 
elections  in  such  city,  town  or  village,  or  any  part  thereof,  any 
type  of  voting  machine  approved  by  the  State  board  of  voting  ma- 
chine commissioners,  or  the  use  of  which  has  been  expressly 
authorized  by  law.  Certain  requirements  as  to  the  machines  are 
prescribed  in  the  law  itself.  (Consolidated  Laws  1909  ch.T7  art. 1 5, 
as  amended  by  '09  ch.240  §  24,  ch.465). 

NORTH    CAROLINA.      No   provisiou. 

NORTH  DAKOTA.    No  provision. 


206  NEW  YORK  STATE  LIBRARY 

OHIO.  Until  1909  it  was  provided  that  voting  machines,  of  any 
type  approved  by  the  state  voting  machine  commission  and  comply- 
ing with  the  requirements  of  the  law,  might  be  adopted,  for  use  at 
all  elections  in  any  or  all  election  districts,  by  popular  vote  in  any 
city,  village,  precinct,  town  or  other  civil  division,  or  upon  petition 
of  resident  voters  to  a  number  equivalent  to  65^  of  the  total  vote 
cast  in  such  civil  division  at  the  last  preceding  election  ('98  p.277; 
'00  p. 309;  '02  p.420).  In  that  year,  however,  the  voting  machine 
law  was  declared  unconstitutional  by  the  Supreme  Court  of  the 
state  in  State  ex  rel.  Karlinger  v.  Board  of  Deputy  State  Super- 
visors of  Elections   (89  N.  E.  33,  80  O.  S.  471). 

OKLAHOMA.     No  provisiou. 

OREGON.     No  provision. 

PENNSYLVANIA.  The  Constitution  provides  that  "  all  elections 
by  the  citizens  shall  be  by  ballot  or  by  such  other  method  as  may 
be  prescribed  by  law:  Provided,  that  secrecy  in  voting  be  pre- 
served" (Const,  art.8  §  4,  as  amended  Nov.  5,  1901)  but  the  leg- 
islature has  not  availed  itself  of  this  permission  to  provide  for 
the  use  of  voting  machines. 

RHODE  ISLAND.  Voting  machines,  of  any  type  approved  by  the 
secretary  of  state,  may  be  adopted  by  the  council  of  any  city  or 
town  for  use  at  all  elections.  The  secretary  of  state  may  also  pur- 
chase machines  of  any  type. approved  by  the  state  returning  board, 
and  supply  them  at  his  discretion  to  cities  and  towns,  on  request. 
(G.  L.  1909  tit.2  ch.13;  '06  ch.1349). 

SOUTH  CAROLINA.     No  provision. 

SOUTH  DAKOTA.     No  provisiou. 

TENNESSEE.     No  provision. 

TEXAS.     No  provision. 

UTAH.  ''AH  elections  shall  be  by  ballot.  Nothing  in  this  sec- 
tion shall  be  construed  to  prevent  the  use  of  any  machine  or  me- 
chanical contrivance  for  the  purpose  of  receiving  and  register- 
ing the  votes  cast  at  any  election :  Provided,  that  secrecy  in  voting 
be  preserved"  (Const.  1896  art.4  §  8).  Voting  machines,  of 
any  type  approved  by  the  state  voting  machine  commission  and  com- 
plying with  statutory  requirements  may  be  adopted  by  the  board  of 
commissioners  of  any  county,  the  city  council  of  any  city,  or  any 
other  board  having  charge  of  elections  in  any  county,  city  or  town 
of  the  state,  for  use  at  any  or  all  elections  ('05  ch.85 ;  '07  ch.162). 

VERMONT.     No  provision. 


AMERICAN   BALLOT  LAWS,    1888-I9IO  207 

VIRGINIA.  The  constitution  states  that  "  the  general  assem- 
bly may  provide  for  the  use,  throughout  the  state  or  in  any  one  or 
more  counties,  cities  or  towns  in  any  election,  of  machines  for 
receiving,  recording,  and  counting  the  votes  cast  thereat:  Pro- 
vided, that  the  secrecy  of  the  voting  be  not  thereby  impaired" 
(Const.  1902  art.2  §  37)  but  the  legislature  has  not  as  yet  availed 
itself  of  this  provision. 

WASHINGTON.     No  provision. 

WEST  VIRGINIA.     No  provision. 

WISCONSIN,  Voting  machines,  of  any  type  approved  by  the 
state  voting  machine  commission  and  complying  with  the  require- 
ments of  the  law  itself  may  be  adopted  for  use  at  all  elections 
by  the  municipal  governing  body  of  any  city,  village  or  town,  but, 
in  villages  and  towns,  only  after  their  adoption  has  been  approved 
by  a  majority  vote  at  a  popular  election  (Wis.  Stat.,  Supp.  §  44 
subd.i-19;  '01  ch.459;  '05  ch.  495;  '07  ch.3i6;''09  ch.435,  454,  473). 

WYOMING.     No  provision. 


Part  3  b 


GENERAL  REFERENCES  TO  STATE  BALLOT  LAWS 

In  citations  throughout  this  monograph  abbreviations  not  specifically 
explained  are  those  regularly  used  in  the  series  of  Legislation  bulletins. 

ALABAMA.  Political  Code  1907  ch.15  art.7-9;  as  amended  by- 
Acts  1909  no.  1 10  p.277. 

ARIZONA.  Revised  Statutes  1901  tit.20  ch.6-7;  as  amended  by 
Laws  1909  ch.24. 

ARKANSAS.  Kirby's  Digest  of  the  Statutes  of  Arkansas,  1904 
ed.,  ch.57. 

CALIFORNIA.  Political  Code  1906  tit.2  ch.8;  as  amended  by 
Laws  1907  ch.345  §  7,  1909  ch.280,  405. 

COLORADO.     Revised  Statutes  1908  ch.43  art.i,  4. 

CONNECTICUT.  General  Statutes,  'Revision  1902  tit.8  ch.104, 
107;  as  amended  by  Public  Acts  1903  ch. 45,  1909'  ch.68,  250  (Acts 
1909  ch.250  contain  the  new  Australian  ballot  law). 

DELAWARE.  Reviscd  Statutes  1893  tit.4  ch.i8;  as  amended  by 
Laws  1897  ch.396,  1901  ch. 62. 

FLORIDA.  General  Statutes  1906  div.i  tit.4  ch.i.  art.i ;  as  amende<i 
by  Laws  1907  no.  17  p.92. 

GEORGIA.     Political  Code  1895  tit.2  ch.3  art.3. 

IDAHO.  Revised  Codes  1908-9,  Political  Code  tit. 3  ch.7,  9,  10; 
as  amended  by  Laws  1909  p.  196. 

ILLINOIS.  Kurd's  Revised  Statutes  1905  ch.46;  as  amended  by 
Laws    1910    ex.    sess.    p.  12    §  12-16,  47-48,    p.46    §  57-58,    p.77 

§13- 

INDIANA.  Burns'  Annotated  Indiana  Statutes,  Revision  1908, 
ch.64  art.i,  6. 

IOWA.  Code  1897,  with  Supplement  through  1907,  tit.6  ch.3; 
as  amended  by  Laws  1909  ch.69  §  12,  17. 

KANSAS.     Dassler's  General  Statutes  1909  ch. 36  art.  10,   12. 

KENTUCKY.  RusscH's  Statutes  of  Kentucky,  1909  ed.,  ch.17, 
art.3 ;  as  amended  by  Laws  1910  ch.  50  §  (^j. 

LOUISIANA.  Wolff's  Constitution  and  Revised  Laws  of  Louis- 
iana 1904  with  Supplement  (vol.  3)  to  1910;  title  on  Elections. 

MAINE.     Revised  Statutes  1903  tit.i  ch.6. 

MARYLAND.  Poc's  Codc  of  Public  General  Laws,  1904  ed., 
art.33;  as  amended  by  Acts  1908  p.99,  103,  1910  p.  112,  113. 

208 


AMERICAN   BALLOT  LAWS,    fSSS-TQIO  209 

MASSACHUSETTS.  Acts  1907  ch.560  (a  recodification  of  the  en- 
tire election  law)  ;  as  amended  by  Acts  1908  ch.425,  461. 

MICHIGAN.  Compiled  Laws  1897  tit.8  pti ;  as  amended  by  Pub- 
lic Acts  1901  no.214,  1905  no.25,  55,  1907  no.154,  189,  287,  1907 
ex.  sess.  no.4,  1909  no.  192,  281. 

MINNESOTA.  Rcvised  Laws  1905,  with  Supplement  through 
1909,  ch.6. 

MISSISSIPPI.  Code  1906  ch.119,  embodying  the  Election  Ordi- 
nance passed  by  the  Constitutional  Convention  of  1890  (Journal 
of  the  Convention  p.685)  as  slightly  amended  since  then. 

MISSOURI.  Revised  Statutes  1899  ch.102  art.2--3 ;  as  amended 
by  Laws  1901  p.  144,  1909  p.481  §  22-25,  p.492,  554  §  6. 

MONTANA.  Revised  Codes  1907,  Political  Code  pt3  tit.2  ch.8-9; 
as  amended  by  Laws  1909  ch.113. 

NEBRASKA.     Compiled  Statutes  1909  ch.  26. 

NEVADA.  Cutting's  ''  Compiled  Laws  of  Nevada  in  force  from 
1861-1900  inclusive,"  §  1 564-1 781 ;  as  amended  by  Laws  1901 
ch.  100,  1909  ch.198  §  24. 

NEW  HAMPSHIRE.     Chase's  Public  Statutes  of  New  Hampshire 

1901  tit.7  ch.33;  as  amended  by  Laws   1897    ch.78,    1909    ch.153 
§  12-13. 

NEW  JERSEY.  PubHc  Laws  1898  ch.139  (Revised  Election  Law)  ; 
as  amended  by  Public  Laws  1900  ch.114,  1901  ch.155,  1902  ch.70, 
1903  ch.248,  259,  1904  ch.241-42,  1906  ch.234-35,  1907  ch.278, 
1908  ch.i86,  209,  1910  ch.78,  84. 

NEW  MEXICO.  Compiled  Laws  1897  tit. 12  ch.i  §  1634,  1648- 
49;  as  amended  by  Laws  1905  ch.127,  1909  ch.105. 

NEW  YORK.  Laws  1909  ch.22  Constituting  ch.17  of  the  Con- 
solidated Laws  of  1909  (cited  as  Election  Law). 

NORTH  CAROLINA.  Pell's  Revisal  1908  ch.90;  as  amended  by 
Laws  1909  ch.867,  919. 

NORTH  DAKOTA.  Reviscd  Codcs  1905,  Political  Code  ch.8;  as 
amended  by  Laws  1907  ch.109,  1909  ch.82. 

OHIO.  General  Code  of  1910  vol.i.  Political  Code  tit.  14  ch.6-9; 
as  amended  by  Laws  19 10  p.  34,  169,  228. 

OKLAHOMA.  Snyder*s  Compiled  Laws  1909  ch. 33-34;  as 
amended  by  Laws  1910  ch.54,  66,  iii. 

OREGON.     Bellinger  and  Cotton's  Annotated  Codes  and  Statutes 

1902  tit.28  ch.2-4;  as  amended  by  Laws  1903  p.250,  1905  p.7  1907 
P-398. 


210  NEW  YORK  STATE  LIBRARY 

PENNSYLVANIA.  Stcwart's  Purdon's  Digest  of  the  Statute  Law 
of  Pennsylvania  from  1703  to  1903  (incL),  title  on  ''Elections" 
art.17,  18,  20;  as  amended  by  Laws  1906  no.  10  p. 36. 

RHODE  ISLAND.  General  Laws  1909  tit.2  ch.ii,  12,  18  as  amended 
by  Laws  1910  ch.640. 

SOUTH  CAROLINA.     Code  1908  pti  tit.2,  ch.io  art. I. 

SOUTH  DAKOTA.  Compiled  Laws  1908,  Political  Code  ch.19 
art.4-7;  as  amended  by  Laws  1909  ch.43,  144,  and  297  §  58-60. 

TENNESSEE.  Shannon's  Annotated  Code,  with  Supplement  to 
1903,  pti  tit.6  ch.2  art.9-11 ;  as  amended  by  Laws  1905  ch.387,  1909 
ch.i02. 

TEXAS.  Sayles'  Annotated  and  Revised  Civil  Statutes  1898,  with 
Herron's  Supplements  of  1903,  1906,  1908  and  1910,  tit.36  ch.9. 

UTAH.     Compiled  Laws  1907  tit.21  ch.4-6,  10. 

VERMONT.     Public  Statutes  1906  tit.3  ch.9,  11-12. 

VIRGINIA.     Code  1904,  tit.5  ch.io. 

WASHINGTON.  Remington  and  Ballinger's  Annotated  Codes  and 
Statutes  1910  tit.29  ch.4-7,  II. 

WEST  VIRGINIA.     Code  1906,  with  Supplement  of  1910,  ch.3. 

WISCONSIN.  Wisconsin  Statutes  1898,  with  Supplement  through 
1906,  tit.2  ch.5,  7;  as  amended  by  Laws  1907  ch.308,  316,  583,  666, 
670,  1909  ch.483. 

WYOMING.  Revised  Statutes  1899  div.i  tit.4  ch.3,  7-8;  as 
amended  by  Laws  1901  ch.69,  1905  ch.21,  1907  ch.54. 


Part  4 

BIBLIOGRAPHY 

A  partial  list  of  books,  magazine  articles,  pamphlets  and  official  publica- 
cations  dealing  with  ballot  reform  and  the  history  of  Australian  ballot  legis- 
lation in  the  United  States  during  the  past  twenty-five  years,-  with  special 
reference  to  the  jorm  of  the  ballot. 

A  few  items  have  been  included  in  the  following  list  which  do 
not  strictly  belong  there.  They  describe  the  electoral  corruption 
which  led  up  to  and  stimulated  the  movement  for  the  introduction 
of  the  Australian  ballot,  and  it  was  felt  that  they  would  add  to  the 
value  of  the  list  for  students  of  the  history  of  ballot  reform.  A 
few  items  on  voting  machines  and  their  use  have  also  been  included. 
No  attempt  has  been  made,  however,  to  deal  thoroughly  with  either 
of  these  subjects. 

In  general,  all  material  dealing  with  the  early  history  of  ballot 
legislation  in  the  United  States  (prior  to  1888)  has  been  omitted. 
Even  for  the  period  since  1889  the  list  does  not  pretend  to  be 
exhaustive.  It  has  been  sought,  by  correspondence  with 
persons  in  all  parts  of  the  country,  to  secure  references  to  most  of 
the  more  important  publications,  but  it  is  probable  that  a  great 
deal  of  material  dealing  with  the  local  history  of  ballot  reform  in 
the  several  states  has  been  omitted. 

Although  a  few  newspaper  articles  have  been  referred  to,  in  gen- 
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21X 


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AMERICAN    BALLOT   LAWS,    l888-I9I<3  2l^ 


Ballot  reform. 


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Merits  and  defects  of  the  Pennsylvania  ballot  law  of  1891. 

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Massachusetts  ballot  (revised)  ;  by  R.  H.  Dana.     Oct.  1910. 


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AMERICAN   BALLOT  LAWS,    1888-I9IO  215 

Cooley,  Thomas  M.  Manner  of  exercising  the  right  to  participate 
in  elections.  (In  his  Treatise  on  constitutional  limitations ; 
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Boston,  1903) 

Cyclopaedia  of  law  and  procedure  ("  Cyc")  v.15,  title  on  Elections. 
American  Law  Book  Co.    N.  Y.     1905. 

Dana,  Richard  Henry.  Australian  ballot  system  of  Massachusetts. 
(Proceedings  of  the  Atlantic  City  Conference  for  Good 
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The  corrupt  practices  act,  the  nominating  machinery  and  the 

Australian  ballot  system  of  Massachusetts. 

A  paper  presented  at  the  29th  annual  meeting  of  the  New  York  State  Bar 
Association,  Albany,  Jan.  1906;  reprinted  as  pamphlet,  together  with  two 
other  addresses;  also  published  separately. 

The  Massachusetts  ballot  (revised  ed.) 

Reprinted  as  pamphlet  by  the  City  Club  of  New  York,  Oct.  1910. 

Practical   working  of   the    Australian    system  of  voting  in 

Massachusetts.     (American  Academy  of  Political  and  So- 
cial Science.    Annals,  May  1892,  2:733) 

Form  of  ballot. 


Address  before  the  City  Club  of  Philadelphia,  Apr,  16,  1910;  reprinted  in 
the  City  Club  bulletin,  Philadelphia,  Apr.  21,  1910. 

The  separate  party  column.     (Nation,  Feb.  6,  1890,  50:111) 

Letter  to  the  Nation. 

Daly,  J.  F.  Ballot  laws  of  New  York.  (North  American  review, 
Jan.  1899,  168:103) 

Delafield,  Lewis  L.  Opinion  as  to  the  use  of  Myer's  ballot  ma- 
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ballot."  Evening  Post  Job  Printing  House,  New  York, 
Mar.  7,  1894. 

Dembitz,  L.  N.     Advent  of  the  Australian  ballot.     (Nation,  Jan. 
14,  1892,  54:32) 
Letter  to  the  Nation. 

Deming,  Clarence.  A  lesson  in  ballot  reform.  (Nation,  Jan.  8, 
1891,52:25) 

Connecticut's  ballot  lesson.     (Nation,  Aug.  4,  1892,  55:80) 

Deming,  Horace  E.     Government  of  American  cities,  ch.13;  also 

p.217.    Putnam,  N.  Y.  1909. 


2l6  J^£W  YORK  STATE  LIBRARY 

Dunn,  J.  P.     A  political  epoch.     (In  his  History  of  Greater  Indian- 
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A  review  of  the  ballot  reform  movement  in  Indiana. 

Election  Laws  Improvement  Association,  New  York,  W.  M.  Ivins, 
president.  Analysis  of  the  Elsberg-Prentice  election  law 
bills  (drafted  by  the  Elec.  Laws  Imp.  Assn.)  N.  Y.     1906. 

"  F."     Reform  in  elections.     (Nation,  Dec.  13,  1888,  47:476) 

Letter  to  the  Nation  dated  Dec.  8,  1888  and  signed  by  "  F,"  describing 
the  first  trial  of  the  Louisville,  Ky.  law  of  1888. 

Glasson,  William  H.     Australian  ballot.     (South  Atlantic  quarterly, 

Apr.  1909,  8:132-42) 
Goodnow,  Frank  J.     Politics  and  administration,    p.23-33.     Mac- 

millan,  N.  Y.  19CX). 
Grubb,  E.  B.     A  campaign  for  ballot  reform.     (North  American 

review,  Dec.  1892,  155:684) 
Harrison,    Lynde.     Connecticut    secret    ballot   law.      (New   Eng- 

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7:623) 
Ivins,  William  M.     Electoral  reform  and  the  history  of  the  Yates- 

Saxton  bill.    N.  Y.  1889. 

Machine  politics   and  money  in  elections.     Harper  &  Bros. 

N.  Y.  1887. 

On  the  electoral  system  of  the  State  of  New  York. 

Paper  delivered  at  the  29th  annual  meeting  of  the  New  York  State  Bar 
Association  Albany,  Jan.  1906;  reprinted,  together  with  two  other  addresses, 
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Keiper,  Frank.     Voting  machines  vs.  the  paper  ballot.      (Forum, 

Sept.  1899,  28:90-93) 
Lalor,  J.  J.     ed.  Cyclopaedia  of  political  science,  political  economy 

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on  Ballot.     Rand,  Chic.     1881. 
Lawyers'  reports  annotated;  old  series;  6:773-75  (1889)  ;  7:831-36 

(1890);     9:467      (1890);      10:150-58,     171-76     (1890); 

12:551-54,    586     (1891);    13:761-64     (1891);    14:624-43 


AMERICAN   BALLOT  LAWS,    1888-I9IO  217 

(1892);     15:740-51,     771-80     (1892);     16:754-73     (1892); 

17:364-75,  382,  697-99  (1892)  ;  18:721-29  (1892)  ;  19:171- 
73    (1893);   22:124-41,  468-71    (1893);  25:325-38,  ^84, 

486-91  (1894);  27:234-36  (1895);  28:502-10.  683^88 

(1895)  ;  29:330-36,  668-78,  731-34  (1895)  ;  30:227-31,  354- 

60  (1895) ;  32:656-59  (1896) ;  34:146-50, 313-18, 498-500, 

845-50  (1896-97);  35:146-55  (1897);  36:547-49  (1897); 
40:617-20  (1898);  42:214-22,  231-35,  237-44  (1899); 
47:806-59  (1900);  54:430-35  (1902);  56:187-92,  275-85 
(1902);  59:97-101,  447-48  (1903);  67:331-39,  473-75 
(1905);  69:184-88  (1905) 

new    series;    1:656-60    (1906);    7:512-18,    621-27    (1907); 

8:888-96  (1907);  9:916-23  (1907);  12:280-83  (1908); 
14:850-55  (1908);  23:839-49  (1910);  24:188-93  (1910); 
28:460-62  (1910) 

League  for  Political  Education,  New  York.  Electoral  reform, 
with  the  Massachusetts  ballot  reform  act  and  the  New 
York  (Saxton)  bill.     N.  Y.  1889.     Pamphlet  no.25) 

Leavitt,  John  Brooks  &  others.  Discussion  of  the  Massachusetts 
ballot  bill.  (New  York  State  Bar  Association.  Proceed- 
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1903) 

Ludington,  Arthur  C.  Ballot  laws  in  the  southern  states.  (South 
Atlantic  quarterly,  Jan.  1910,  9:21-34) 

Ballot    laws;    changes    during    1909.       (American    political 

science   review,   Notes   on   current   legislation,    Feb.    1910, 

4:63) 

Present  status  of  ballot  laws  in  the  United  States.    (xA.merican 

political  science  review,  May  1909,  3  :252) 

Progress  toward  ballot  reform  in  New  York  and  Pennsyl- 

vania. (American  political  science  review,  Notes  on  cur- 
rent legislation.  May  1910,  4:207) 

Lusk,  H.  H.    American  ballot.     (Forum,  Oct.  1896,  22:225) 

McCrary,  George  W.  Treatise  on  the  American  law  of  elections; 
4th  ed.     Callaghan  &  Co.  Chic.  1897 

McKinley,  Albert  E.  Maryland  ballot  law.  (American  Academy 
of  Political  and  Social  Science.    Annals,  May  1901,  17:533) 

MacMillan,  Duncan  C.  Elective  franchise  in  the  United  States; 
rev.  ed.    Putnam,  N.  Y.    1898. 


2l8  NEW  YORK  STATE  LIBRARY 

Massachusetts   Ballot  Act  League.     Ballot  act  of   Massachusetts. 

Bost.  1889. 
Suggestions  to  political  committees,  with  forms,  specimen  ballot,  etc.  for 
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Mather,  Frederick  G.     Recent  progress  in  ballot  reform.     (Andover 

review,  Nov.  1891,  16:492-502) 

Progress  of  electoral  reform     (Nation,  June  6,  1889,  48:460) 

Municipal  journal  and  engineer,  Dec.  1900,  9:145-48,  The  voting 

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Message  of  the  governor,  transmitting  the  report  of  the  com- 

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AMERICAN   BALLOT  LAWS,    1888-I9IO  219 

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The  next  national  reform.      (North  American  review,  Jan. 

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Address  before  the  City  Club  of  Philadelphia,  Apr.  16,  1910;  printed  in  the 
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220  NEW  YORK  STATE  LIBRARY 

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